20040810Application.pdf

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BEFORE THE CORPORATION COMMISSION OF THE STATE OF IdI&AHOMA
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APPLICATION OF
MIDWESTERN
TELECOMMUNICATIONS, INC.
FOR A CERTIFICATE OF PUBLIC
CO NVENIEN CE AND NECESSITY
AUTHORIZING MIDWESTERN
TELECOMMUNICATION INC.
TO PROVIDE RESOLD
AND FACILITIES-BASED UNE-
LOCAL EXCHANGE AND
INTEREXCHANGE SERVICES
TELECOMMUNICATIONS
SERVICES IN IDAHO
Propsed Services
UTI L iY: I E sOt r;r~4.
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Cause No. PUD
APPLICATION
Midwestern Telecommunications, Inc. by this application seeks authority to
provide resold and facilities-based and interexchange and telecommunications
services to the public statewide of Idaho by initially reselling services obtained
from and utilizing facilities provided by facilities-based carriers and eventually
providing telecommunications services via facilities constructed owned, leased or
managed by MTI. MTI's approved services block all direct dial long distance
calls, collect calls, operator-assisted calls , and third-number billed calls so that the
service is a known, limited cost to the customer each month. All applications for
service are taken by telephone. A third party verification is completed on all
conversion orders. A service initiation charge and the first full month's service
charge prior to receiving service. For local exchange service , MTI will initially
mirror the existing local calling areas of incumbent local exchange telephone
companIes.
II.Form of Business
a. Name, Address, and Form of Business.
Midwestern Telecommunications, Inc.
17250 Palmer Dr. Ste. 300
Homewood, IL 60430
Corporation
i. A short statement of the character of public service in which it may
engage.
Midwestern Telecommunications, Inc. seeks authority to offer and provide
its currently approved facilities-based local exchange telecommunication
service, including resale and interexchange service, throughout the State
of Idaho. Its current offerings include local calling ("dialtone ) on a
prepaid, 1 + toll blocked basis.
H. The name of the state in which it is incorporated.
Illinois
Hi. Its principal business address and its principal business address
within Idaho.
17250 Palmer Dr. Ste. 300
Homewood, IL 60430
Midwestern Telecommunications, Inc. will not have a principal address in
Idaho.
iv. A certified copy of its Articles of Incorporation.
See Attachment
v. If not incorporated in Idaho, a Certificate of Good Standing issued by
the Secretary of state of Idaho.
See Attachment 2
vi. Name and address of registered agent for service in Idaho.
Corporation Service Company
1401 Shoreline Dr.
Suite 2
Boise, ID 83702
b. If a corporation , the names and addresses of the ten common stockholders of
applicant owning the greatest number of shares of common stock and the
number of such shares owned by each.
III.
See Attachment 3
c. Names and addresses of the officers and directors of applicant.
President~
Ikechuku Chinwah
17250 Palmer Dr. Ste. 300
Homewood, IL. 60430
ecretary
Jerry Holt
17250 Palmer Dr. Ste. 300
Homewood, IL. 60430
d. Name and address of any corporation, association, or similar organization
holding a 50/0 or greater ownership pr a management interest in the
applicant. As to ownership, the amount and character of the interest to be
indicated. A copy of any management agreement must be attached.
N/A
e. N ames and addresses of subsidiaries owned or controlled by applicant.
N/A
Telecommunication Service
a. The date on which applicant proposes to begin construction or anticipates it
will begin to provide service.
Applicant will use facilities of incumbent carrier.
b. A written description of customer classes and customer service(s) that the
applicant proposes to offer to the public.
MTI plans to offer service to residential and business classes throught the state of
Idaho.
IV.Service Territory
a. A description sufficient for determining whether service is to be offered in a
particular location; and the names of all incumbent local exchange
corporations with whom the proposed utility is likely to compete.
MTI plans to resale services of the incumbent Qwest.
b. Written description of the intended manner of service, for example, resold
services or facilities based. A general description of the property owned or
controlled by the applicant.
MTI plans to resale facilities based service, resale and interexchange services
throughout the State of Idaho. MTloes not currently own any property with the
State of Idaho.
c. A statement describing with whom the applicant is likely to compete.
MTI plans to complete with the incumbent carrier, Qwest and any reseller of
Qwest.
d. A description of the property owned by the applicant clarifies the applicant'
proposed services and operation.
MTI does not currently own any property in the State of Idaho.
Financial Information
a. Current detailed balance sheets, including a detailed income and profit and
loss statements of the applicant reflecting current and prior year balances for
the twelve months ended as of the date of the balance sheet, or if not readily
available, for the period since the close of the preceding calendar year.
See Attachment 4
VI.
b. If a balance sheet and income statement are available, the applicant must
submit financial data sufficient to establish that it possesses adequate
financial resources to provide the proposed services.
Illustrative" Tariff Filings
a. Proposed initial tariff and price sheets setting forth rates, rules, terms, an
regulations applicable to the contemplated service.
See Attachment 5
VII.Customer Contacts
a. Contact information for the applicant
i. The name, address, and telephone number and email addresses of the
person(s) responsible for consumer inquiries and complaints from the
public.
Bernadette Reed
o. Box 2515
Homewood, IL. 60430
Phone; [phone] Fax; [phone]
breed~midwestern.net
ii. A toll-free number for customer inquiries and complaints.
[phone]
Hi. The name, number, and email addresses of the person(s) designated
as a contact for the Commission Staff for resolving complaints
inquiries, and matters concerning rates and price lists or tariffs.
Jerry Holt
o. Box 2515
Homewood, IL 60430
Phone; [phone] Fax; [phone]
VIII. Interconnection Agreements
a. Statement of whether the applicant has initiated interconnection negotiations
and, if so, when and with whom.
Applicant has interconnection agreements currently pending with Qwest
IX.Compliance with Commission Rules
a. A written statement that the applicant has reviewed all of the commission
rules and agrees to comply with them or a request for waiver of those rules
believed to be inapplicable.
Jerry Holt has read all the admission rules and agrees to comply with the rules set
forth.
Escrow Account or Security Bond
a. If a company requires advance deposits by its customers, the company must
submit a signed copy of an escrow account with a bonded escrow agent or a
security bond. The escrow or bond shall be sufficient to meet customer
deposits or refunds in case of company default.
Midwestern does not require deposits.
AFFIRMATION
The responsible accounting officer shall verify the report under oath.
OATH
State of Illinois
County of Cook
Jerry Holt makes oath and says that he is the Director of Regulatory Affairs of Midwestern
Telecommunications, Inc that he has examined the forgoing report; that to the best of his
knowledge, information and belief, all statements of fact contained in the said report are true.
Jerry Holt furthermore, will comply with all federal and state laws, and the rules and orders of
the Commission. He further affirms that MTI will offer the provisioning of service to all end-
users in the service areas designated in its tariff on a non-discriminatory basis.
A TT ACHMENT
Articles of Incorporation
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FileNumber 5919-222-1
~tatt of jllinois
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~hc ~f(rfrary of ~ratc
~htrt9.s t , ;A1~r~Es riic'd~oRl~JN OF
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J,!XP.WF:STE;RN, TJ::LJ::C9MM,tJ1rLCA,T;!;ONS, J;NC9RI?,oRAT~D D!'C (?RPORATED 'UND E~ THE .. LAWS OF . THE S TATE OF.:: :rLL:r~O:rS HAVE B BENFILED m nE On~E OF mE SE~~AAY OF sn~AS P~~D~ BYB~nmss C~PO~ION ACT OF ILL~IS, FORCE ~Y 1, A.D. 1984.
Now TherefO're , I George H. Ryan, Secretary of Shlte ofthe State ofIfiinofsBy vIrtue Of the powers vested in me by law, do hereby issuethis certificate and attach hereto a copy of the Applicatfon of theaforesaid corporation.
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11" 1:cstimonn 1!Ji)fftrcof, I heret9. set my hand and cause to be. affi~ed :the Gre Seal of. the State of. Iiiinoisat the City of Springfield , t~ls 30TH
day of DECEMBER ~;p. 19 96 and ofthe. Indepen.derice of th~ criiited States the twohu"ndred nd 21ST
212.
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Secretary of State
A TT ACHMENT 2
Certificate of Good Standing from Idaho
t-
State of Idaho
CERTIFICATE OF AUTHORITY
MIDWESTERN TELECOMMUNICATIONS, INCORPORATED
File Number C 145668
I PETE T. CENARRUSA, Secretary of State of the State of Idaho, hereby certify
that an Application for Certificate of Authority, duly executed pursuant to the provisions
of the Idaho Business Corporation Act, has been received in this office and is found to
conform to law.
ACCORDINGLY and by virtue of the authority vested in me by law, I issue this
Certificate of Authority to transact business in this State and attach hereto a duplicate of
the application for such certificate.
Dated: 1 October 2002
SECRETARY OF STATE
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A TT ACHMENT 3
Stockholder Information
Name and Address Shares Owned Percentage of All Percentage of Voting
Shares Issued And Control
Outstanding
Jerry Holt 500
17250 Palmer Drive
Homewood, IL
60462
Ikechuku Chinwah 500
17250 Palmer Drive
Homewood, IL
60462
TT ACHMENT 4
Financial Statements
to 3~1::kf
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9t :~t v0, 80 ~d~SSl.80Sc!Zt~
IN .
~WED FlttANCIAL Sf TEME~
YEAR END~ DECE~. 200:t
.,' .":,.~,_..."""".,.....".."..
~0 . 38t;d SSlEeISlZ
fv1IDWESTERN lELECOMMUNICA
1 2003
Current Assets:
Cash
Loans to Shareholders
024 )
202
Total Current Assets
Property and Equipment, at cost, less
accumulated depreciation (Note 2)
Other Assets:
Security Deposits 000
Total Other Assets
Total Assets
LlABILITI AND STOCKHOLDER I
Current Liabilities:
Excise Taxes Payable
Current Portion Long Term Debt
Total Current Liabilities
Stockholders' Equity
Common Stock, no par value;
10,000 shares authorized;
000 shares issued and outstanding
Retained Earnings
Total Stockholders' Equity
Total LIabilities and Stockholders' Equity
(See Accompanying Notes To Financial Statements)
~t :~t P0, 80 ~dt;
178
963,917
11,000
976,095
238,763
128 254
367 017
000
608,078
609,078
976 095
VI::) .::I::.JOd SS1.80SlZ t t:l. t :t:t v0, 80 ~~
MrDWE TERN TELECOMMUNICA TrONS INC.
llimME ST TE~ENT
YEAR ENDED DECEMBER 1 2
Sales 888,925
Cost of Sales 771.657
Gross Profit 117.268
Operating Expenses:
Salaries
Payroll taxes & fringe benefits
Rent
Telephone & utilities
Insurance expense
Professional fees
Office expense
Delivery expense
Advertising expense
Automobile expense
Travel & entertainment
LIcenses & fees
Contributions
Miscellaneous
737.516
182,229
162 345
100.307
64.214
65.902
113.871
142
206,488
38.814
286
1 0.859
16.856
Total Operating Expenses 732 827
Income (Loss) from Operations 384,441
Other Income (Expense)
Interest income
Interest expense
Disposition of fixed assets
184
(17 527)
(245.58il
Other Income (Expense) - Net (262 929)
Net Income (Loss) Before Taxes 121 512
(See Accompanying Notes to Financial Statements)
~~ .::1:.100 ~~l.t:I"'~ ~ ~t:~t v0, 80 ~d~
(1) BACKGROUND INFORMATION:
Midwestern Telecommunications, Inc. (MTI) Is a Corporation located at 4749 Uncoln Mall DriveMatteson, Illinois. MTI was founded in 1996 and resales telecommunications to residents and
businesses In the Midwestern States and California.
(2) SUMMARY OF SIGNIFICANT ACCOU~
MTI significant accounting policies are summarized as following:
Basis of Accountina
The accompanying financial statements of MTI have been prepared on the cash basis ofaccounting whereby Income is recognized when received and expenses are recorded whendisbursed.
Property and equipment are capitalized and recorded at cost while normal repair and
maintenance items are expensed as Incurred. At December 31, 2003, property and equipmentconsisted of the following:
Description
Computer Software
Furniture and Fixtures
Equipment
Vehicles
Less-Accumulated Depreciation
Amount
$ 378 038
140
763,838
91 .289
302,305
Property and Equipment, Net $ 963 9.1Z
Manaaement Use of ~stima~
The preparation of financial statements In conformity with generally accepted accounting
principles requires management to make estimates and assumptions that affect the reportedamounts of assets and liabilitIes and disclosures of contingent assets and liabilities at the date of
the financial statements and the reported amounts of revenues and expenses during the reporting
period. Accordingly, actual results could differ from those estimates.
j~ .::I::JOd ~~~t:I~~ '&;
(3) NOTES PAYABLE:
Notes payable at December 31 2003 consist of the following:
The company has a line of credit with a bank which
provides for borrowings up to a maximum amount.
The outstanding loan against the line aggregated
$ 14 669 at year-end.
--.--_._~~._-
Notes payable to Expanets Financial Services
payable in monthly installments of $ 8 296.
(principle and interest) through May, 2004
Notes payable to American Express Business
Finance, payable In monthly Installments of
$ 1,859.55 (principle and interest) through
August, 2004
-.-.--------.....-.----
Notes payable to Chrysler, Inc., payable
In monthly installments of $ 522.
(principle and Interest) through June. 2004
.---.-..-..-
Total
at :~t v0, 80 ~d~
$ 14 669
82.488
28.562
53~
TT ACHMENT 5
Tariff
Midwestern Telecommunications, Inc.IDAHO TARIFF NO.
Original Title Page
REGULATIONS, RATES, AND CHARGES
APPLYING TO THE PROVISION OF ACCESS SERVICE
FOR CONNECTION TO INTRASTATE COMMUNICATIONS FACILITIES
FOR INTRAST ATE CUSTOMERS WITHIN THE
0 PERA TIN G TERRITORY OF
MIDWESTERN TELECOMMUNICATIONS, INC.
IN IDAHO
AS PROVIDED HEREIN.
ISSUED: August 5, 2004 Jerry E. Holt
Director of Regulatory Affairs
17250 Palmer Drive
Homewood, IL 60430
EFFECTIVE: September 5 2004
Midwestern Telecommunications, Inc.IDAHO TARIFF NO.
PREFACE
Original Page
TABLE OF CONTENTS
Section
TABLE OF CONTENTS Preface
APPLICA TION OF TARIFF Preface
EXPLANATION OF SYMBOLS Preface
DEFJNITIONS AND ABBREVIATIONS
GENERAL RULES & REGULATIONS
Undertaking of the Company
Terms and Conditions
Notification of Service Affecting Activities
2.4 Provision of Services
Limitations
Liability of the Company
Directory Listings
Interruption of Services
Obligations of the Customer
Charges and Payment for Service of Facilities
10.1 General
10.2 Description of Charges
10.3 Billing
10.4 Payment
Payment Arrangements
11.1 Establishment of Credit
11.2 Deposits
11.3 Bills and Collections
11.4 Disputed Bills
Termination of Service
Restoral of Service
Promotional Offers
Notices and Communications
Specialized Service or Arrangements
ISSUED: August 5, 2004 Jerry E. Holt
Director of Regulatory Affairs
17250 Palmer Drive
Homewood, IL 60430
EFFECTIVE: September 5,2004
Midwestern Telecommunications, Inc.IDAHO TARIFF NO.
PREFACE
Original Page 2
TABLE OF CONTENTS cont
Section
ESTABLISHMENT AND FURNISHING OF EXCHANGE
ACCESS SERVICE
General
Application for Services
Installation
LOCAL EXCHANGE SERVICES AND DESCRIPTIONS
General
Serving Areas
Feature Descriptions
APPLICATION OF RATES
General
Charges Based on Duration of Use
Rates Based on Distance
5.4 Rate Periods
Holidays
Municipal Franchise Payments
Taxes
PRICING
Residential Access
Program Add or Change
Operator Service
6.4 Residential Usage
Residential Local Call Plan
Pre-Pay Plan
Residential Features
Directory Services
Business Access
Packages
ISSUED: August 5, 2004 Jerry E. Holt
Director of Regulatory Affairs
17250 Palmer Drive
Homewood, IL 60430
EFFECTIVE: September 5 2004
Midwestern Telecommunications, Inc.IDAHO TARIFF NO.
PREFACE
Original Page 3
APPLICATION OF TARIFF
This tariff sets forth the service offerings, rates, terms, and conditions applicable to the
furnishing of resold and facilities-based local exchange and interexchange services by
Midwestern Telecommunications, Inc., (the "Company ) in the calling areas defined
herein.
The provision of local exchange and interexchange services is subject to existing
regulations and terms and conditions specified in this tariff and may be revised, added to
or supplemented by superseding issues.
ISSUED: August 5, 2004 Jerry E. Holt
Director of Regulatory Affairs
17250 Palmer Drive
Homewood, IL 60430
EFFECTIVE: September 5,2004
Midwestern Telecommunications, Inc.IDAHO TARIFF NO.
PREFACE
Original Page 4
EXPLANATION OF SYMBOLS
To signify changed regulation.
To signify discontinued rate or regulation.
To signify increased rate.
To signify a move in the location of text.
To signify new rate or regulation.
To signify reduced rate.
To signify reissued matter.
To signify a change in text but no change in rate or regulation.
To signify a correction of error or omission.
ISSUED: August 5, 2004 Jerry E. Holt
Director of Regulatory Affairs
17250 Palmer Drive
Homewood, IL 60430
EFFECTIVE: September 5,2004
Mid western Telecommunications, Inc.OIDAHO TARIFF NO.
SECTION
Original Page
DEFINITIONS AND ABREVIA TIONS
Certain terms and abbreviations used generally throughout this tariff are defined below.
Advance Payment:Part or all of a payment required before the start of service.
Alternative Telephone Service:Except where technically impracticable, a wireless
telephone capable of making local calls, and may also include, but is not limited to, call
forwarding, voice mail, or paging services.
Automatic Number Identification (ANI):Allows the automatic transmission of a caller
billing account telephone number to a local exchange company, interexchange carrier or
a third party subscriber. The primary purpose of ANI is to allow for billing of toll calls.
Carrier or Telecommunications Carrier:A telecommunications carrier that that is
providing local exchange telecommunications service.
Centrex Services:A switching system exchange service provided on central office lines.
Exchange access is provided for calls to and from the network as well as intercom calling
between Centrex lines in the same system.
Commission: Idaho Public Service Commission.
Company or the Company:Midwestern Telecommunications , Inc., the issuer of this
tariff.
Conversion: When a Customer who is presently with another Carrier selects the
Company as its new Carrier, without experiencing an interruption of services.
Customer or Subscriber or End User:The person, limited liability Company, building
owner, firm, partnership, corporation, municipality, cooperative, organization
governmental agency or other entity receiving telecommunications services. This entity
is responsible for payment of charges and compliance with the Company s regulations.
Emergency:A situation that appears to present immediate danger to person or property.
ISSUED: August 5, 2004 Jerry E. Holt
Director of Regulatory Affairs
17250 Palmer Drive
Homewood, IL 60430
EFFECTIVE: September 5 2004
Midwestern Telecommunications, Inc.OIDAHO TARIFF NO.
SECTION
Original Page 2
DEFINITIONS AND ABREVIATIONS (cont.)
Emergency Situation:A single event that causes an interruption of service or
installations affecting end users of a local exchange carrier. The emergency situation
shall begin with the first end user whose service is interrupted by the single event and
shall end with the restoration of the service of all affected end users. The term "single
event" shall include:
A declaration made by the applicable state or federal governmental agency that
the area served by the local exchange carrier is either a state or federal disaster
area; or
An act of third parties, including acts of terrorism, vandalism, riot, civil unrest
war, or acts of parties that are not agents, employees or contractors of the local
exchange carrier; or
Any severe storm, tornado, earthquake, flood or fire that prevents the local
exchange carrier from restoring service due to impassable roads, downed power
lines, or the closing off of affected areas by public safety officials.
The term "emergency situation ' shall not include:
A single event caused by high temperature conditions alone; or
A single event caused by acts or omissions of the local exchange carrier, its
agents, employees or contractors; or
Any service interruption that occurs during a single event listed in above, but are
not caused by those single events; or
A single event that the local exchange carrier could have reasonably foreseen and
taken precaution to prevent; provided, however, that in no event shall a local
exchange carrier be required to undertake precautions which are technically
infeasible or economically prohibitive.
End User or Customer or Subscriber:The person, limited liability company, building
owner, firm, partnership, corporation, municipality, cooperative, organization
governmental agency or other entity receiving telecommunications services. This entity
is responsible for payment of charges and compliance with the Company s regulations.
ISSUED: August 5, 2004 Jerry E. Holt
Director of Regulatory Affairs
17250 Palmer Drive
Homewood, IL 60430
EFFECTIVE: September 5,2004
Midwestern Telecommunications, Inc.OIDAHO TARIFF NO.
SECTION
Original Page 3
DEFINITIONS AND ABREVIATIONS (cont.)
Exchange Access Service:The furnishing of equipment and facilities including Centrex
lines, exchange access lines or trunks, for telephone communication within local service
areas in accordance with the provisions of this tariff.
Error:a discrepancy or unintentional deviation by the Company from what is correct and
true. An "error" can also be an omission of records.
Final Account:A customer s outstanding charges still owed to the Company after
termination of service.
ICB: Individual Case Basis.
Initial Service Period:The minimum length of time for which a customer is obligated to
pay for service, facilities, or equipment, whether or not retained by the customer for such
minimum period of time. Unless otherwise specified, the minimum period of ninety (90)
days following service installation.
IntraLA T A or IntraMSA:Telecommunications Services originating and terminating
within the same LATA or MSA.
InterLA T A or InterMSA:Telecommunications Services originating in one LATA or
MSA and terminating in another LATA or MSA.
LATA:A Local Access and Transport Area established pursuant to the Modifications of
Final Judgment entered by the United States District Court for the District of Columbia in
Civil Action No. 82-0192: or any other geographic area designated as a LATA in the
National Exchange Carrier Associations, Inc. Tariff FCC No.
LDL:Long Distance Telecommunications Service.
Local Exchange Carrier or LEC"Denotes any certificated individual, partnership,
association, joint-stock company, trust or corporation engaged in providing switched
communication within an exchange.
Local Service:Service which provides for exchange telephone communications within
the local service area at rates and under regulations as provided in this tariff.
Local Service Area:The area consisting of one or more central office districts within
which a subscriber for exchange service may make telephone calls without a long
distance communications charge.
ISSUED: August 5 2004 Jerry E. Holt
Director of Regulatory Affairs
17250 Palmer Drive
Homewood, IL 60430
EFFECTIVE: September 5, 2004
Midwestern Telecommunications, Inc.OIDAHO TARIFF NO.
SECTION
Original Page 4
DEFINITIONS AND ABREVIATIONS (cont.)
Market Service Area or MSA"A geographical area consisting of one or more
exchanges, as defined by the Idaho Public Service Commission, for the administration of
tariffs, services , and other regulatory obligations.
Move:The disconnection of existing service at one location and reconnection of the same
service at a new location either in the same building or in a different building.
Non-Recurring Charge or NRC"
);.
A one-time charge either in lieu of, or in addition to
recurring monthly charges for service or facilities.
Off-Peak:The hours between 7:00pm and 7:00am.
Peak:The hours between 7 :OOam and 7 :OOpm.
Private Line Service:Communications services, and or facilities, provided for the
customer s use, which do not utilize the public switched message network, and which are
provided between customers designated locations.
Recurring Charges:The monthly charges to the Customer for services, facilities, and
equipment, which continue for the agreed upon duration of the service.
Service Commencement Date:The first date on which the Company notifies the
Customer that the requested service or facility is available for use, unless extended by the
Customer s refusal to accept service which does not conform to standards set forth in the
Service Order or this tariff, in which case the Service Commencement Date is the date of
the Customer s acceptance. The Company and Customer may mutually agree on a
substitute Service Commencement Date.
Service Commitment Period:The term elected by the Customer and stated on the Service
Order during which the Company will provide the services subscribed to by the
Customer.
Service Order:The written request for Network Services executed by the Customer and
the Company in the format devised by the Company. The signing of a Service Order by
the Customer and acceptance by the Company initiates the respective obligations of the
parties as set forth therein and pursuant to this tariff, but the duration of the service is
calculated from the Service Commencement Date.
Shared:A facility or equipment system or subsystem that can be used simultaneously by
several Customers.
ISSUED: August 5, 2004 Jerry E. Holt
Director of Regulatory Affairs
17250 Palmer Drive
Homewood, IL 60430
EFFECTIVE: September 5 2004
Midwestern Telecommunications, Inc.OIDAHO TARIFF NO.
SECTION
Original Page 5
DEFINITIONS AND ABREVIATIONS (cont.)
Subscriber or End User or Customer:The person, limited liability company, building
owner, firm, partnership, corporation, municipality, cooperative, organization
governmental agency or other entity receiving telecommunications services. This entity
is responsible for payment of charges and compliance with the Company s regulations.
Tariff:Any and all of the body of rates, terms, conditions, and charges for the
Company s facilities and/or services as filed with, and approved by, the Idaho Public
Service Commission.
Telecommunications Carrier or Carrier:A telecommunications carrier that is providing
local exchange telecommunications service.
Termination of Service:Discontinuance of both incoming and outgoing service provided
by the Company, which may occur as a result of non-payment or conversion to another
carrIer.
Toll Call:Any call extending beyond the local service area of the originating caller
which is rated on a toll schedule by the Company.
ISSUED: August 5, 2004 Jerry E. Holt
Director of Regulatory Affairs
17250 Palmer Drive
Homewood, IL 60430
EFFECTIVE: September 5 , 2004
Midwestern Telecommunications, Inc.IDAHO TARIFF NO.
SECTION 2
Original Page
Undertaking of the Company
A. The Company undertakes to furnish communications services in this tariff on the
terms and conditions and at the rates and charges set forth herein. The services in this
tariff are provided on a resale basis or via UNE-P offerings
B. The Company may act as the customer s agent for ordering and billing of
Local Access Connection facilities provided by other carriers or entities, to
allow connection of a customer s location(s) to the Company Network. The
customer shall be responsible for all charges due to such service arrangement.
C. The Company services and facilities are provided on a monthly basis , unless
ordered on a longer term basis, and are available twenty-four hours a day,
seven days a week.
D. The Company will provide a toll-free number giving customers access to
service personnel six (6) days a week.
E. The Company will comply with any applicable quality of service requirements
according to Idaho Administrative Regulations, Title 807.
Terms and Conditions
A. Customer may be required to enter into written service orders, which shall
contain or reference a specific description of the service ordered, the rates to
be charged, the duration of the services, and the terms and conditions in this
tariff. The Customer will be required to execute any other documents as may
be reasonably requested by the Company.
B. Service is provided for a minimum period of at least one month, twenty-four
(24) hours a day. A month is considered to have thirty (30) days unless
otherwise specified. At the expiration of the initial terms specified in each
service order, or in any extension thereof, service shall continue on a month to
month basis at the then current tariff, month to month rates, unless terminated
by the customer. Any termination shall not relieve the Customer of its
obligation to pay any charges incurred under the service order and this tariff
prior to termination. The rights and obligations, which, by their nature, shall
survive such termination.
C. This tariff shall be interpreted and governed by the laws of the Sate of Idaho
without regard for the State s choice of law provisions.
ISSUED: August 5, 2004 Jerry E. Holt
Director of Regulatory Affairs
17250 Palmer Drive
Homewood, IL 60430
EFFECTIVE: September 5 2004
Midwestern Telecommunications, Inc.IDAHO TARIFF NO.
SECTION 2
Original Page 2
Terms and Conditions (cont)
D. Another telephone company must not interfere with the right of any person or
entity to obtain service directly from the Company.
E. The services the Company offers shall not be used for any unlawful purpose
or for any use as to which the Customer has not obtained all required
governmental approval, authorizations, licenses, consents and permits. Doing
so are grounds for the Company to discontinue furnishing service.
F. The Customer has no property right to the telephone number or any other call
number designation associated with services furnished by the Company. The
Company reserves the right to change such numbers, or the central office
designation associated with such numbers, or both, assigned to the Customer
whenever the Company deems it necessary to do so in the conduct of its
business. Nothing in this provision shall be construed to be inconsistent with
number portability requirements.
G. In response to a subpoena or investigation or other demand issued or
authorized by a court or government agency, the Company shall provide
customer records and related information without further notice.
Notification of Service-Affecting Activities
The Company will provide the Customer reasonable notification of service-
affecting activities that may occur in the normal operation of its business. Such
activities may include, but are not limited to, equipment or facilities additions
removals or rearrangements and routine preventive maintenance. Generally, such
activities are not specific to an individual Customer but affect many Customers
services. No specific advance notification period is applicable to all service-
affecting activities. The Company will work cooperatively with the Customer to
determine reasonable notification requirements. With some emergency or
unplanned service-affecting conditions, such as an outage resulting from cable
damage, notification to the customer may not be possible.
2.4 Provision of Services
A. The Company will make reasonable efforts to make available services to a
Customer on or before a particular date, subject to the provisions of and
compliance by the Customer with the regulations contained in this tariff. The
service installation shall be completed within five (5) business days after a
service order is placed.
ISSUED: August 5 , 2004 Jerry E. Holt
Director of Regulatory Affairs
17250 Palmer Drive
Homewood, IL 60430
EFFECTIVE: September 5,2004
Midwestern Telecommunications, Inc.IDAHO TARIFF NO.
SECTION 2
Original Page 3
2.4 Provision of Services (cont.)
B. The Company shall use reasonable efforts to maintain services that it
furnished to the Customer. The Customer may not rearrange, disconnect
remove, and attempt to repair or otherwise interfere with any of the services
provided by the Company, except upon the written consent of the Company.
The Customer may not permit others to rearrange, disconnect, remove, and
attempt to repair or otherwise interfere with any of the services provided by
the Company except upon the written consent of the Company.
C. The furnishing of service under this tariff is subject to the availability on a
continuing basis of all the necessary facilities and is limited to the capacity of
facilities the Company may obtain from other carriers to furnish service as
required at the sole discretion of the Company.
D. The Customer bears all responsibility in the event they utilize equipment not
approved or authorized by the Company. Customer shall supply all electrical
power and other utilities necessary to operate or use the services provided.
E. The Company shall not be responsible for the installation, operation or
maintenance of any Customer-provided communications equipment. Where
such equipment is connected to the services furnished pursuant to this tariff
the responsibility of the Company shall be limited to the furnishing of services
offered under this tariff and to the maintenance and operation of such services.
Beyond this responsibility, the Company shall not be responsible for:
(i)the transmission of signals by Customer provided equipment or for
the quality of, or defects in such transmission; or
(H)the reception of signals by Customer provided equipment; or
(Hi)network control signaling where such signaling is performed by
Customer provided network control signaling equipment
F. At the Customer s request, installation and/or maintenance may be performed
outside the Company s regular business hours or in hazardous locations.
such cases, charges based on cost of the actual labor, material or other cost
incurred by or charged to the Company will apply. If installation is started
during regular business hours, but at the customer s request extends beyond
regular business hours into time periods including, but not limited to
weekends, holidays , and or night hours, additional charges may apply.
ISSUED: August 5, 2004 Jerry E. Holt
Director of Regulatory Affairs
17250 Palmer Drive
Homewood, IL 60430
EFFECTIVE: September 5 2004
Midwestern Telecommunications, Inc.IDAHO TARIFF NO.
SECTION 2
Original Page 4
LimitationsA. All facilities provided under this tariff are directly controlled by the
Company and the customer may not assign or transfer the use of service or
facilities, except with the express written consent of the Company. Such
assignment or transfer shall only apply where there is no interruption of
the use or location of the service or facilities. Such assignment or transfer
may be made to:
(i)Another individual, partnership, association or corporation, etc.
provided the assignee or transferee assumes all outstanding
indebtedness for such service or facilities and any unexpired
portion of a minimum service period.
(ii)A court appointed receiver, trustee, or other person acting pursuant
to law in bankruptcy, receivership, reorganization, insolvency,
liquidation, or other similar proceedings, provided the assignee or
transferee assumes any unexpired portion of a minimum service
period.
Prior written permission of the Company is required in all cases of
assignment or transfer. All regulations and conditions contained in this
tariff shall apply to such permitted assignees or transferees, and all
conditions of service including, but not limited to, minimum service
periods and other liabilities shall apply as if there were no interruption of
such service period(s).
The Service Commitment Period for any Service shall be established by
the Service Order relevant thereto and commence on the Start Date. Upon
expiration, each Service Commitment Period for such Service shall
automatically be extended subject to written notice of termination by
either the Company or Customer as of a date not less than thirty (30) days
after delivery of said notice to the other. The charges for Interexchange
Service during any such extension shall not exceed the then current
Company month-to-month charges applicable to such service.
ISSUED: August 5 2004 Jerry E. Holt
Director of Regulatory Affairs
17250 Palmer Drive
Homewood, IL 60430
EFFECTIVE: September 5,2004
Midwestern Telecommunications, Inc.IDAHO TARIFF NO.
SECTION 2
Original Page 5
Liabilities of the Company
The liability of the Company for damages arising out of the furnishing of
its services, including but not limited to the mistakes, omissions
interruptions, delays or errors, other defects, or representations by the
Company, or use of these services or damages arising out of failure to
furnish the service whether caused by acts of omission, shall be limited to
the extension of allowances for interruption as set forth below. The
extension of such allowances for interruption shall be the sole remedy of
the Customer and the sole liability of the Company. The Company will
not be liable for any direct, indirect, incidental, special, consequential
exemplary or punitive damages
to Customer as a result of any Company service, equipment or facilities, or
the acts or omissions or negligence of the Company s employees or
agents. The limitation of liability contained herein will be in compliance
with the Commission s Minimum Telephone Service Standards and the
Service Requirements Form.
The Company s liability for willful misconduct, if established as a result
of judicial or administrative proceedings, is not limited by this tariff. With
respect to any other claim or suit, by a Customer or by any others , for
damages associated with the ordering (including the reservation of any
specific number for use with a service), installation (including delays
thereof), provision, termination, maintenance, repair, interruption or
restoration of any service offered under this tariff and subject to the
provisions of Section 2., the Company s liability, if any, shall be
limited as provided herein.
The Company shall not be liable for the Customer s failure to fulfill its
obligations to take all necessary steps including, without limitation
obtaining, installing and maintaining all necessary equipment, materials
and supplies for interconnecting the terminal equipment or
communications system of the customer, or any third party acting as its
agent, to the Company s exchange access lines. If the Customer or its
agent fails to maintain and operate its equipment and/or system or that of
its agent properly, with resulting imminent harm to Company personnel
or the quality of service to other Customers, the Company may upon
written notice, require the use of protective equipment at the Customer
expense. If this fails to produce satisfactory quality and safety, the
Company may, upon written notice, terminate the Customer s service
without liability.
ISSUED: August 5, 2004 Jerry E. Holt
Director of Regulatory Affairs
17250 Palmer Drive
Homewood, IL 60430
EFFECTIVE: September 5 2004
Midwestern Telecommunications, Inc.IDAHO TARIFF NO.
SECTION 2
Original Page 6
Liabilities of the Comp y (cont.)
Approval of limitation of liability language by the PSC does not constitute
a determination by the Commission that the limitation of liability, imposed
by the Company should be upheld in a court of law. Approval by the
commission merely recognizes that since it is a court's responsibility to
adjudicate negligence and consequent damage claims, it is also the court'
responsibility to determine the validity of the exculpatory clause.
With respect to Emergency Number 911 Service, this service is offered
solely as an aid in handling assistance calls in connection with fire, police
and other emergencies. The Company is not responsible for any losses
claims, demands, suits or any liability whatsoever, whether suffered
made, instituted or asserted by the Customer or by any
other party or person for any personal injury to or death of any person or
persons and for any loss, damage or destruction of any property, whether
owned by the Customer or others, caused or claimed to have been caused
by: (1) mistakes, omissions, interruptions, delays, errors or defects in the
provision of this service, or (2) installation, operation, failure to operate
maintenance, removal, presence, condition, location or use of any
equipment and facilities furnishing this service.
With respect to Directory Listings:
(i)In the absence of gross negligence or willful misconduct, and
except for any allowances stated below, no liability for damages
arising from errors or mistakes in or omissions of any directory
listings, or errors or mistakes in or omissions of listings obtainable
from the directory assistance operator, including errors in the
reporting thereof, shall attach to the Company.
(ii)An allowance for errors or mistakes in or omissions of any
published directory listing or for errors or mistake in or omission
of listings obtainable from the directory operator shall be given as
follows:
(a)Free Listing: For free or non-charged published directory
listings, credit shall be given at a rate of three times the
monthly tariff rate for an additional or charge listing
affected for the life of the directory or the charge period
during which the error, mistake or omission occurs.
ISSUED: August 5, 2004 Jerry E. Holt
Director of Regulatory Affairs
17250 Palmer Drive
Homewood, IL 60430
EFFECTIVE: September 5, 2004
Midwestern Telecommunications, Inc.IDAHO TARIFF NO.
SECTION 2
Original Page 7
Liabilities of the Company (cont.)
(b)Charge Listing: For each additional or charge published
directory listing, credit shall be given at the monthly tariff
rate for each such listing for the life of the directory or the
charge period during which the error, mistake or omission
occurs.
(c)Operator Records: For free or charge listings obtainable
from records used by the directory assistance operator
upon notification to the Company of the error, mistake or
omission in such records by the subscriber, the corrected
information shall be placed in the files of the directory
assistance and intercept operators within two business days
of discovery.
(d)Definitions: As used in paragraphs (i) and (ii), the terms
error
" "
mistake" and "omission" shall refer to a
discrepancy in the listing or directory assistance records
which the Company has failed to correct
and where the error affects the ability to locate a particular
subscriber s correct telephone number. The terms shall
refer to addresses only to the extent that an error, mistake
or omission of an address places the subscriber on a street
or community different from the one provided to the
Company.
(e)Notice: Such allowances or credit as specified in
paragraphs (i) and (ii) above shall be given notice to the
Company by the subscriber that such error, mistake or
omission has occurred; provided, however, that when it was
administratively feasible for the Company to have
knowledge of such error, mistake or omission, the
Company shall give credit without the requirement of
notification by the subscribers.
ISSUED: August 5 2004 EFFECTIVE: September 5, 2004Jerry E. Holt
Director of Regulatory Affairs
17250 Palmer Drive
Homewood, IL 60430
Midwestern Telecommunications, Inc.IDAHO TARIFF NO.
SECTION 2
Original Page 8
Liabilities of the Company (contl
The Company s liability for damages arising out of mistakes, omissions
interruptions, delays, errors, or defects in the transmission occurring in the
course of furnishing device or facilities, and not caused by negligence of
its employees or agents, in no event shall exceed an amount equivalent to
the proportionate charge to the customer for the period of service during
which mistakes, omissions, interruptions, delays, errors or defects in
transmission occur.
The Company s liability and the Customer s sole and exclusive remedy
arising out of delays in installation, commencement or restoration of
service or out mistakes, accidents, omissions, interruptions, delays, or
errors or defects in transmission in the provision of service shall be limited
to the right to cancel service without liability to either party. Without
limiting the foregoing, the Company shall have no obligation to provide
alternative routing.
IN NO EVENT SHALL THE COMPANY BE LIABLE TO THE
CUSTOMER OR ANY OTHER PERSON, FIRM OR ENTITY IN ANY
RESPECT, INCLUDING WITHOUT LIMITATIONS , FOR ANY
DAMAGES , EITHER DIRECT, INDIRECT, CONSEQUENTIAL
SPECIAL, INCIDENTAL, ACTUAL, PUNITIVE OR ANY OTHER
DAMAGES OR ANY LOST PROFITS OF ANY KIND OR NATURE
WHATSOEVER ARISING OUT OF MISTAKES ACCIDENTS
ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS , INCLUDING
THOSE WHICH MAY BE CAUSED BY REGULATORY OR
JUDICIAL AUTHORITIES ARISING OUT OF OR RELATING TO
THIS TARIFF OR THE OBLIGATIONS OF THE COMPANY
PURSUANT TO THE TARIFF. THE COMPANY MAKES NO
WARRANTY WHETHER EXPRESS , IMPLIED, OR
STATUTORY AS TO THE DESCRIPTION, QUALITY
MERCHANTABILITY, COMPLETENESS OR
FITNES S FOR ANY PURPO S E OF THE S ER VICE OR THE LOCAL
ACCESS, OR AS TO ANY OTHER MATTER, ALL OF WHICH
WARRANTIES BY THE COMPANY ARE HEREBY EXCLUDED
AND DISCLAIMED.
ISSUED: August 5 2004 Jerry E. Holt
Director of Regulatory Affairs
17250 Palmer Drive
Homewood, IL 60430
EFFECTIVE: September 5,2004
Midwestern Telecommunications, Inc.IDAHO TARIFF NO.
SECTION 2
Original Page 9
Liabilities of the Company (cont.),
With respect to the routing of calls by the Company to public safety
answering points or municipal Emergency Service providers, the
Company s liability, if any, will be limited to the lesser of: (a) the actual
monetary damages incurred and proved by the Customer as the direct
result of the Company s action, or failure to act, in routing the call, or (b)
the sum of $1 000.00.
The Company shall not be liable for damage arising out the fault of any
facilities or equipment furnished by other carriers, or caused by negligence
of other than the Company, including negligence on the part of the
customer.
The Company is not liable for any defacement of or damage to, the
premises of a customer resulting from the furnishing of services of the
attachment of instruments apparatus, and associated wiring furnished by
the Company on such customer s premises or by the installation or
removal thereof, when such defacement or damage is not the result of the
Company s negligence. No agents or employees of other participating
carriers shall be deemed to be agents or employees of the Company
without written authorization.
The Company is not liable for any act or omission of any other company
or companies furnishing a portion of the end-to-end service or facilities
whether such other company is directly or indirectly under the control of
the Company.
ISSUED: August 5 2004 Jerry E. Holt
Director of Regulatory Affairs
17250 Palmer Drive
Homewood, IL 60430
EFFECTIVE: September 5,2004
Midwestern Telecommunications, Inc.IDAHO TARIFF NO.
SECTION 2
Original Page 10
Liabilities of the Company (cont.)
The Company shall be indemnified and held harmless by the customer
against:
(i)Claims for liable, slander, invasion of privacy or infringement of
copyright arising out of the material, data, information, or other
content transmitted over the Company s facilities.
(ii)Claims for patent infringement arising from combining or using
the service furnished by the Company in connection with facilities
or equipment furnished by others; or
(iii)Claims for loss of profit; or
(iv)All other claims arising out of any act or omission of others in the
course of using any service or facility provided pursuant to this
tariff.
The Company does not guarantee or make any warranty with respect to
any equipment used in locations containing an atmosphere that is
explosive, prone to fire, dangerous or otherwise unsuitable for such
equipment. The customer indemnifies and hold the Company harmless
from any and all loss claims, demands suits or other action, or any liability
whatsoever, whether suffered, made, instituted or asserted by the customer
or by any other party or persons, for any personal injury to or death of any
person or persons, and for any loss, damage, or destruction of any
property, whether owned by the customer or others, caused or claimed to
have been caused directly or indirectly by the installation, operation
failure to operate, maintenance, removal presence, condition, location or
use of such equipment so used.
The customer indemnifies and holds the Company harmless from any and
all loss, claims, demands, suits, or other action, or any liability
whatsoever, whether suffered, made, instituted, or asserted by the
customer or any other party or persons, for any personal injury to, or death
, any person or persons, and for any loss, damage or destruction of any
property, whether owned by the customer or others, caused or claimed to
have been caused directly or indirectly by the installation, operation
failure to operate, maintenance, condition, location, or use is not the direct
result of the Company s negligence.
ISSUED: August 5, 2004 Jerry E. Holt
Director of Regulatory Affairs
17250 Palmer Drive
Homewood, IL 60430
EFFECTIVE: September 5 2004
Midwestern Telecommunications, Inc.IDAHO TARIFF NO.
SECTION 2
Original Page
Liabilities of the Company (cont.)
The customer is responsible for taking all necessary legal steps
interconnecting his customer-provided terminal equipment or
communications systems with the Company facilities or services. The
customer shall secure all licenses, permits, right-of-way, and other
arrangements necessary for such interconnection. The customer shall
ensure that his equipment and/or system is properly interfaced with the
Company facilities or services, that the signal emitted into the company
network are of the proper mode, bandwidth, power, signal level for the
intended use of the customer and in compliance with the criteria set forth
in this tariff, and that the signals do not damage equipment, injure
personnel, or degrade service to the customers.
If the Federal Communications Commission or some other appropriate
certifying body certifies terminal equipment as being technically
acceptable for direct electrical connection with interstate communications
service, the Company will permit such equipment to be connected with its
channels without use of protective interface devices. If the customer fails
to maintain on operate his equipment and/or system
properly, with resulting imminent harm to the Company equipment
personnel, or the quality of service to other customers, the Company may,
upon written notice require the use of protective equipment at the
customer s expense. If this fails to produce satisfactory quality and safety,
the Company may, upon written notice, terminate the customer s service.
o. Customer s can reach the Company s Customer Service department by 877-
684-4349, toll free. The Company will resolve any disputes properly brought
to its attention in an expeditious manner. Unresolved disputes may be
directed to the attention of the Consumer Services Division, Idaho Regulatory
Authority:
Idaho Public Service Commission
472 W Washington
Boise, ill
[phone]
(208) 3343762 - Fax
ISSUED: August 5, 2004 Jerry K Holt
Director of Regulatory Affairs
17250 Palmer Drive
Homewood, IL 60430
EFFECTIVE: September 5 2004
Midwestern Telecommunications, Inc.IDAHO TARIFF NO.
SECTION 2
Original Page 12
Directory Listings
The Company will, as a service to the Customer, arrange for listing of
Customer s phone number in the local white pages telephone directories
such listing to consist of one line of standard type. The Company
liability with respect to directory listing is set forth in Section 2.
preceding. Customer must contact its yellow pages representative
concerning its advertising in yellow pages directories.
Upon termination of service, the listed directory number of Customer will
be retained by the Company until such time as Customer s outstanding
obligations to the Company have been paid, including any estimated final
charges.
When a customer with a nonpublished telephone number, as defined
herein, places a call to Emergency 911 Service, the Company will release
the name and address of the calling party, where such information can be
determined, to the appropriate local governmental authority responsible
for the Emergency 911 Service upon request of such governmental
authority. By subscribing to service under this tariff, Customer
acknowledges and agrees with the release of information as described
above.
Interruption of Service
An interruption is deemed to have occurred when the phone lines of the
underlying provider are inoperative. If a customer reports a facility, service or
circuit to be inoperative but declines to release it for testing and repair, it is
considered to be impaired, but not interrupted.
Temporary Suspension for Maintenance
The Company s underlying provider shall have the right to make
necessary repairs or changes in its services at any time and will have the
right to suspend or interrupt service temporarily for the purpose of making
necessary repairs or changes in its system. When such suspension or
interruption of service for any appreciable period is necessary, the
Company may give the Customers who may be affected as reasonable
notice thereof as circumstances will permit, and will perform the work
with reasonable diligence, and if practicable at times that will cause the
customer the least inconvenience. When the Company s services are
ISSUED: August 5 2004 Jerry E. Holt
Director of Regulatory Affairs
17250 Palmer Drive
Homewood, IL 60430
EFFECTIVE: September 5,2004
Midwestern Telecommunications, Inc.IDAHO TARIFF NO.
SECTION 2
Original Page 13
being repaired or changed, it shall take appropriate precautions to avoid
unnecessary interruptions of Customers' service.
Interruption of Service (cont.),
Credit Allowance for Interruptions
(i)Interruptions of twenty-four hours or more which are reported to or
detected by the Company, and which are not due to negligence or
willful act of the Customer are credited to the Customer at the pro
rata monthly charge involved for each twenty-four hours or
fraction thereof of interruption. Credit is not allowed for
interruptions to service of less than twenty-four hours. Credit
allowances for service outages that exceed twenty-four hours in
duration will be rounded up to the next whole 24 hours.
(ii)For calculating credit allowances, every month is considered to
have thirty days. If the service disruption is for 48 hours or less a
credit is applied on a pro rata basis, against the monthly recurring
charges. A credit of at least one-third of a month will be made for
interruptions of more than 48 hours but less than 72 hours, and a
credit of at least two-thirds of a month will be made for
interruptions more than72 hours but less than 96 hours, with a full
month credit of interruptions in excess of 96 hours only those
facilities on the interrupted portion of the circuit will receive a
credit.
Limitations on Credit Allowances
No credit allowances will be made for:
(i)Interruptions due to the negligence of, or non-compliance
with the provisions of this tariff by the customer
(ii)Interruptions that are restored on or before the day after the
interruption is reported or discovered by the Company
The Company will restore basic local exchange service for a customer
within 24 hours of receiving notice that a customer is out of service. This
provision will not apply when the service interruption is caused by the
negligence or willful act of the customer, customer provided facilities, or
electric power failure.
ISSUED: August 5, 2004 EFFECTIVE: September 5, 2004Jerry E. Holt
Director of Regulatory Affairs
17250 Palmer Drive
Homewood, IL 60430
Midwestern Telecommunications, Inc.IDAHO TARIFF NO.
SECTION 2
Original Page 14
Interruption of Service (cont.)
The Company will inform a customer when a repair or installation
appointment requires the customer to be present. Furthermore, the
Company will keep all repair and installation appointments for basic local
exchange service when a customer premises visit requires a customer to be
present.
Obligations of the Customer
The customer is obligated to place orders for origination, termination
and/or changes to the Company service or facilities; pay all charges for
services or facilities rendered by the Company; and to comply with all the
Company s regulations governing the provision of service or facilities.
The customer is also responsible for assuring that its authorized users
comply with regulations of the Company, as specified in this Tariff.
When placing an order for service or facilities, the customer must provide:
(i)
(ii)
(iii)
(iv)
Name(s) and addresses), of the person(s) liable for the payment of
service charges. In the case of a corporation or partnership, a
designated individual shall be named responsible for such bill
responsibility.
Name(s) addresses) and telephone number of person(s) to whom
notices shall be addressed by the Company
Location(s) at which facilities and services are to be provided.
A safe place to work and complying with all laws and regulations
regarding the working conditions on the premises at which
Company employees and agents shall be installing or maintaining
the Company s services.
The customer shall reimburse the Company for the replacement or repairs
of the Company s equipment when the damage results from:
(i)Negligence or willful act of the customer s employees, agents, or
contractors, or authorized users.
ISSUED: August 5, 2004 Jerry E. Holt
Director of Regulatory Affairs
17250 Palmer Drive
Homewood, IL 60430
EFFECTIVE: September 5 2004
Midwestern Telecommunications, Inc.IDAHO TARIFF NO.
SECTION 2
Original Page 15
(ii)Loss through theft, fire, flood, cable cut, or other catastrophes to
the Company-provided equipment or facilities located on the
customer s premises.
Obligations of the Customer (cont.)
After receipt of payment for the damages, the Company will cooperate
with the customer in prosecuting a claim against any third party whom the
customer identified as causing, or responsible for, the damage or loss.
With respect to any service provided by the Company, Customer shall
indemnify, defend and hold the Company harmless from and against all
claims, actions, damages, liabilities, costs and expenses, including
reasonable attorney fees for:
(i)Any loss, destruction or damage to property of the Company or
any third party, or the death or injury to persons, including but not
limited to employees or invitees of either party, to the extent
caused by or resulting from the negligent or intentional act or
omission of the customer, its employees, agents, representatives or
invitees; or
(ii)Any claim, loss damage, expense or liability for infringement of
and copyright, patent, trade secret or any proprietary or intellectual
property right of any third party, arising from any act or company
services in a manner not contemplated by the agreement between
the Customer and the Company.
When facilities, equipment and/or communications systems provided by
others are connected to the Company s services or facilities, the customer
assumes additional
liabilities as specified by the provider of such facilities, equipment and
services. Such liability may include payment of charges, minimum
service periods, and
termination liabilities. When third parties provide service, equipment or
facilities, the Company may, upon written customer request, act as the
customer s agent, but all payments and charges shall continue as the direct
responsibility of the customer.
Any special interface equipment necessary to achieve compatibility
between the facilities used by the Company for furnishing local exchange
service and the channels, facilities or equipment of others may be provided
at the Customer s expense. Customer shall be liable for damages resulting
from Customer use of non-compatible equipment.
ISSUED: August 5, 2004 Jerry E. Holt
Director of Regulatory Affairs
17250 Palmer Drive
Homewood, IL 60430
EFFECTIVE: September 5, 2004
Midwestern Telecommunications, Inc.IDAHO TARIFF NO.
SECTION 2
Original Page 16
Obligations of the Customer (cont.)
The customer is responsible for providing and maintaining any terminal
equipment on the Customer s premises. The electric power
consumed such equipment shall be provided by and maintained at the
expense of the customer. All such terminal equipment must be registered
with the FCC under 47 C., Part 68 and all wiring must be installed and
maintained in compliance with those regulations.
Charges and Payments for Services or Facilities
10.1 General
Charges for service and facilities may be applied on a recurring
and/or non-recurring basis.
The minimum service period will be not less than three months
(90days), unless otherwise specified in this Tariff.
Unless otherwise specified herein with respect to any service
service will continue to be provided until canceled by the
customer, in writing, on not less than thirty days notice.
10.Description of Charges
Recurring Monthly Charges - For billing purposes, each month is
considered to have thirty days. If the billing starts date and end
date do not coincide with billing periods or months, the bill
charges will be reflect the fractional part of the month involved.
Non-Recurring Charges - Applies to a work activity done on a one-
time-only basis, such as the installation of facilities: and is applied
to each activity performed.
Fractional Charges - Charges for a fractional part of a month are
calculated by counting the number of days remaining in the billing
period after service is furnished, or has been discontinued. The
numbers of days remaining in the billing period are counted
starting with the day the service was furnished or discontinued.
Divide that figure by thirty days. The resultant fraction is the
ISSUED: August 5, 2004 EFFECTIVE: September 5 2004Jerry E. Holt
Director of Regulatory Affairs
17250 Palmer Drive
Homewood, IL 60430
Midwestern Telecommunications, Inc.IDAHO TARIFF NO.
SECTION 2
Original Page 17
multiplied by the monthly charge to arrive at the fractional
monthly charge.
10.Description of Charges (cont.)
Tax Adjustments - All stated charges in this tariff are computed by
the Company exclusive of any federal, state or local use, excise
gross receipts, sales or privilege taxes, duties, fees, or similar
liabilities. The Customer in addition to the charges stated in this
tariff shall pay such taxes, fees, etc. All such taxes, duties, and
fees shall each be shown as a separate line item on the Customer
monthly invoice.
10.Billing Period
10.4 Payment
Billing will start the day of acceptance by the customer of the Company
service, facilities, or equipment. Service will end on the last day indicated
by customer through notification in accordance with Section 2. 12.ii
following.
Payment will be due within twenty-one days after the billing statement is
issued by the Company and mailed to the customer. Any payment
received later than thirty days after Bill Date will be subject to an interest
charge on delinquent amount at the prevailing rate as determined by the
Idaho Public Service Commission.
The customer is responsible for payment of all charges for services
or facilities furnished by the Company to the Customer or its
Authorized Users. The Company may require a customer to sign
an application form and to establish credit worthiness as a
condition precedent to the initial establishment of service. The
application shall state the date on which service shall begin and the
points between which service is to be provided, the type of
facilities required, and any special arrangement related thereto.
The Company will pay interest on overpayment, which occurs as a
result of an error by the Company, at a rate determined by the
COmmISSIon.
Statements will reflect the charges for service or facilities that are
in effect during the period the service is furnished. If any charge
for a period covered by a bill change after the bill has been
ISSUED: August 5 2004 EFFECTIVE: September 5, 2004Jerry E. Holt
Director of Regulatory Affairs
17250 Palmer Drive
Homewood, IL 60430
Mid western Telecommunications, Inc.IDAHO TARIFF NO.
SECTION 2
Original Page 18
rendered, the next bill will be adjusted to reflect the new changes
including appropriate credit or debit amount for such periods.
10.4 Payment (cont.)
The term and conditions for billing, payment and collection
including without limitation, any late payment charge, specified in
the Local Exchange Company s local exchange service tariff shall
apply to charges of the Company when the Local Exchange
Company serves as the willing agent for the Company or buys the
Company s accounts receivable.
All bills are presumed accurate, and shall be binding on the
customer unless the Company receives objections within a
reasonable time after such bills are rendered. No credits, refunds
or adjustments shall be granted if the Company therefore does not
receive demand. If an entity other than the Company imposes
charges on the Company, in addition to its own internal costs, in
connection with a service for which a Company, non-recurring
charge is specified, those charges may be passed on to the
Customer.
Payment Arrangements
11.1 Establishment of Credit
(i)
(iii)
Applicants for service must establish and maintain credit. This is
accomplished by providing acceptable credit information or
making a deposit with the Company.
Applicants for service may, if not deemed credit worthy as defined
in this tariff, may be required to provide the Company with a
deposit or pre-pay for service in accordance with the policy set
forth in this tariff.
(iii)To maintain satisfactory credit, the bill must be paid regularly by
the due date indicated on the bill. Failure to maintain good credit
may result in loss of service, retention of the customer s deposit
beyond the time it is normally returned, or a demand that credit be
reestablished. Re-establishment of credit may require payment of
or an increase in, a cash deposit.
ISSUED: August 5, 2004 EFFECTIVE: September 5 2004Jerry E. Holt
Director of Regulatory Affairs
17250 Palmer Drive
Homewood, IL 60430
Midwestern Telecommunications, Inc.IDAHO TARIFF NO.
SECTION 2
Original Page 19
11.Deposits
Applicants for service or existing Customers whose financial condition is
not acceptable to the Company under the rules of the Idaho Public Service
Commission may be required at any time to provide the Company a
security deposit. The deposit requested will be in cash or the equivalent of
cash, and will be held as a guarantee of the payment of charges. A deposit
does not relieve the customer of the prompt payment of bills upon
presentation.
If a deposit is required, the amount will be:
(i)For an applicant for service - not more than two-twelfths
the estimated average monthly bill for that class and type of
serVIce.
(ii)For an existing customer - not more than two-twelfths the
customer s average bill for the past six months. If the
customer has had service for less than six months, the
amount will be based on the estimated average bill for all
customers using the type of service.
The deposit will be provided in u.S. currency or an instrument
acceptable to the Company.
The amount of a deposit may be adjusted whenever the Company
determines the customer s use of the service has changed or will
change significantly.
When a deposit is requested, not more than one-third will be
required as an initial payment. The remainder must be paid during
the next two billing periods in equal amounts unless the customer
chooses to expedite the payments.
Interest to be paid on Deposits
Interest will be paid on deposits in accordance with 807 KAR
5:006. Interest shall accrue on deposits held over 180 days and
shall be paid to the Customer as follows:
ISSUED: August 5, 2004 Jerry E. Holt
Director of Regulatory Affairs
17250 Palmer Drive
Homewood, IL 60430
EFFECTIVE: September 5 2004
Midwestern Telecommunications, Inc.
(i)
(ii)
11.Deposits (cont.),
(iii)
(iv)
IDAHO TARIFF NO.
SECTION 2
Original Page 20
By credit to the Customer s account once annually;
By payment to the Customer upon request, once annually;
By adding accrued interest to the amount of the deposit
when refunded to the customer;
By applying interest to any unpaid bill of the Customer
upon termination of service with the Company
All requirements for deposits will be consistent with 807 KAR
5:006.
Refund of Deposits.
A deposit will be refunded to a customer after 12 consecutive
months of prompt payments of telephone service invoices. The
Company may at its option either credit the amount on the
Customer s bill or refund the deposit by direct payment.
When a service or facility is discontinued, the amount of a deposit
if any, will be applied to the Customer s account and any credit
balance remaining will be refunded within 45 days from the date of
termination. Before the service or facility is discontinued, the
Company may, at its option, return the deposit or credit it to the
Customer s account.
The deposit will also be returned within a reasonable period if:
(i)
(ii)
(iii)
The customer establishes credit by other means, or
The service has not been terminated and the bills are paid
in full, or
An application for service is canceled and any charges are
paid in full.
ISSUED: August 5, 2004 EFFECTIVE: September 5 2004Jerry E. Holt
Director of Regulatory Affairs
17250 Palmer Drive
Homewood, IL 60430
Midwestern Telecommunications, Inc.IDAHO TARIFF NO.
SECTION 2
Original Page 21
11.Bills and Collection of Charges
Bills will be rendered monthly to customer. Fixed monthly
recurring charges are billed in advance. The Usage and minimum
charges for service are billed in arrears. Customer shall be liable
for all accrued local charges, directory charges, long distance
charges and other charges prior to the service commencement date
as defined herein, and shall pay the Company for any such charges
which may be assessed against the Company in any manner.
All service, monthly recurring charges and non-recurring charges
are due and payable on the due date shown on the bill, provided
however, that installation charges may be spread out over 3
months.
The Company shall present bills for recurring charges monthly to
the Customer in advance of the month which service is provided.
For new customer or existing customers whose service is
discontinued, the charge for the fraction of the month in which
service was furnished will be calculated on a pro rata basis. For
this purpose, every month is considered to have 30 days.
A late payment charge of 1.5% is not applicable to subsequent
rebilling of any amount to which a late payment charge has already
been applied. Late charges are to be applied without
discrimination. Notwithstanding the preceding, a late payment
penalty will not be charged on a penalty.
A minimum charge of $10 or a maximum charge of $30 will be
assessed for checks with insufficient funds or non-existing
accounts. The Company may waive the bad check charge under
appropriate circumstances.
If customer chooses to place information service provider (ISP)
calls or receive calls via a non-MTI affiliated carrier, Customer
will be liable for all charges related to such calls; including without
limitation, charges billed to the Company or Customer by ISP or
other carriers, any applicable rebilling charge and charges for any
service provided by the Company s affiliates.
ISSUED: August 5, 2004 EFFECTIVE: September 5 2004Jerry E. Holt
Director of Regulatory Affairs
17250 Palmer Drive
Homewood, IL 60430
Midwestern Telecommunications, Inc.IDAHO TARIFF NO.
SECTION 2
Original Page 22
G. All services provided to customers with pre-pay plan are billed in
advance.
11.4 Disputed Bills
The customer shall notify the Company of any disputed items on a
bill within a reasonable period of time after receipt of the bill. The
existence of a disputed amount does not relieve the customer of
their obligation to pay
current charges. If the customer and the Company are unable to
resolve the dispute to their mutual satisfaction, the Customer may
file a complaint with the Commission in accordance with the
Commission s rule of procedure.
The date of dispute shall be the date the Company receives
sufficient documentation to enable it to investigate the dispute.
The date of resolution is the date the Company completes its
investigation and notifies the Customer of the disposition of the
dispute.
Termination of Service
Discontinuance of Service by the Company
(i)The Company may discontinue or suspend service to Customer
upon seven (7) days prior written notice without incurring any
liability for the following reasons:
(a)Upon non-payment of any amounts owing to the Company
for local exchange services which is not in dispute; or
(b)Upon failure of the Customer to meet the deposit
requirements set out in Section 2.12.3 of this tariff; or
(c)Upon failure of the Customer to provide the Company
reasonable access to its equipment and property; or
(d)Upon violation of or noncompliance with any rules and
regulations of the Company.
ISSUED: August 5, 2004 EFFECTIVE: September 5, 2004Jerry E. Holt
Director of Regulatory Affairs
17250 Palmer Drive
Homewood, IL 60430
Midwestern Telecommunications, Inc.IDAHO TARIFF NO.
SECTION 2
Original Page 23
(e)Upon failure of the Customer to comply with municipal
ordinance or other laws pertaining to telecommunications
serVIces.
Termination of Service (cone)
(ii)
(iii)
(iv)
(v)
(f)The Company has reason to believe the customer has used
a device or scheme to obtain service without payment and
where the Company has so notified the customer prior to
disconnection.
The Company may discontinue service to Customer immediately
and without notice for any of the following reasons without
incurring liability:
(a)In the event of tampering with the Company s equipment
facilities or property in any way; or
(b)In the event of a condition determined to be hazardous to
the Customer, to other customers of the Company; to the
public, or to employees of the Company; or
(c)In the event of Customer s use of service in such a manner
as to adversely affect the Company s service to others.
(d)Abuse of Company services, including making calls which
might reasonably be expected to frighten, abuse, torment or
harass another.
The discontinuance of service by the Company pursuant to this
section does not relieve the Customer of any obligation to pay the
Company for charges due and owing for service(s) furnished
during the time or up to discontinuance of service.
Upon the Company s discontinuance of service to customer
pursuant to this section, all applicable charges, including
termination charges, shall become due. This is in addition to all
other remedies that may be available to the Company at law or in
equity or under any other provision of this tariff.
For purposes of this Section 2., all regulated telephone services
provided by the Company shall be defined as local service.
ISSUED: August 5, 2004 EFFECTIVE: September 5 2004Jerry E. Holt
Director of Regulatory Affairs
17250 Palmer Drive
Homewood, IL 60430
Midwestern Telecommunications, Inc.IDAHO TARIFF NO.
SECTION 2
Original Page 24
Termination of Service (cont.)
(vi)
(vii)
(viii)
(ix)
The Company may disconnect Customer s local service for
nonpayment of charges incurred for local service. Such
disconnection must be conducted pursuant to all applicable Idaho
Administrati ve Regulations.
(a)Disconnection notices issued by the Company must inform
the subscriber facing local service disconnection of the total
amount which the subscriber would need to pay in order to
avoid disconnection of local service. It must also inform
the subscriber of the Company s legal obligation to provide
only local" service to Customers whose local service
charges are paid; even while their toll service is
disconnected for nonpayment of outstanding toll debt.
The Company is prohibited from disconnecting any Customer
local service for nonpayment of charges incurred by the Customer
for toll service.
Partial payments by a Customer to the Company will be
apportioned by the Company to the Company s regulated local
service charges first before being applied by the Company to any
toll charges and will be apportioned to regulated telephone service
charges first before being applied to charges or non-regulated
serVIces.
Where the provisions of the Tariff are not complied with by the
Customer, including payments not made by the Customer on date
or at times herein specified; and after written notice from the
Company requesting correction of such non-compliance, the
Company may immediately discontinue service without incurring
any liability. All applicable charges will then come due
immediately. Including any applicable minimum service periods
charges.
If repeated non-compliance by the Customer occurs, the Company
retains the option of denying application by the Customer for new
ISSUED: August 5,2004 EFFECTIVE: September 5,2004Jerry E. Holt
Director of Regulatory Affairs
17250 Palmer Drive
Homewood, IL 60430
Midwestern Telecommunications, Inc.IDAHO TARIFF NO.
SECTION 2
Original Page 25
or additional services or facilities until such prior action(s) are
corrected.
Termination of Service (cont.)
Discontinuance of Service by Customer
(i)If a customer cancels a service order after seventy-two (72) hours
have passed since service has been ordered, or terminates service
before the completion of the term for any reason whatsoever other
than a service interruption (as defined in Section 2.8), Customer
agrees to pay the Company the following sums which shall become
due and owing as of the effective date -of the cancellation or
termination and be payable within the period set forth in 2.11.4 all
costs, fees, and expenses incurred in connection with:
(a)All non-recurring charges reasonable expended by
Company to establish service to Customer; plus
(b)Any disconnection, early cancellation or termination
charges reasonably incurred and paid to third parties by
Company on behalf of Customer; plus
(c)All recurring charges specified in the applicable service
order tariff for the balance of the then current term.
(ii)Service may be terminated after the expiration of the minimum
contract period, upon the Company being notified ten days in
advance, and upon payment of all charges due to the date of
termination of the service.
Restoral Of Service
If any customer s service is restored after having been disconnected but a
Company service order to terminate such service has not been completed
when such a service is restored, the customer will be required to pay a
restoral service charge of $35.00 per occasion.
When a customer s service has been disconnected and the service has been
terminated through the completion of a Company service order, service
will be reestablished only upon the basis of an application for new service.
ISSUED: August 5,2004 Jerry E. Holt
Director of Regulatory Affairs
17250 Palmer Drive
Homewood, IL 60430
EFFECTIVE: September 5,2004
Midwestern Telecommunications, Inc.IDAHO TARIFF NO.
SECTION 2
Original Page 26
Customers ' whose services are disconnected for non-payment are not
eligible for pre-pay unless arrangements have been made for satisfaction
of the previous bill.
Promotional Offers
The Company may, from time to time, make promotional offerings of its services.
The promotional offerings may be limited as to the duration, the date and times of
the offering and the location where the offerings are made and shall be
documented in accordance with the provisions of the state rules and regulations.
The only limitation upon a promotional offering shall be that the waiver of any
charges other than a nonrecurring charge shall be limited to ninety calendar days
on a per customer basis. All promotions will be added to the tariff as an
addendum.
Notices and Communications
The Customer shall designate on the Service Order an address to which the
Company shall mail or deliver all notices and other communications, except that
Customer may also designate a separate address to which the Company s bills for
service shall be mailed.
The Company shall designate on the Service Order an address to which
the Customer shall mail or deliver all notices and other communications
except that Company may designate an address on the bill for service to
which the Customer shall mail payment for that bill.
All notices or other written communications required to given pursuant to
this tariff will be in writing. Notices and other communications of either
party and all bills mailed by the Company, shall have been presumed to
have been delivered to the party by the third business day following the
deposit of the notice, communication or bill with the U.S. Mail or a private
delivery service, prepaid and properly addressed, or when actually
received or refused by the addressee, whichever comes first.
The Company or Customer shall advise the other party of any changes to
the address designated for notices, other communications or billing, by
following the procedures for giving notices set forth herein.
ISSUED: August 5, 2004 Jerry E. Holt
Director of Regulatory Affairs
17250 Palmer Drive
Homewood, IL 60430
EFFECTIVE: September 5, 2004
Midwestern Telecommunications, Inc.IDAHO TARIFF NO.
SECTION 2
Original Page 27
Specialized Service or Arrangement
Specialized Service or Arrangements may be provided by the Company, in
response to a bona fide request of a Customer or prospective Customer, on an
individual-case basis (ICB) if such service or arrangements meet the following
criteria:
The requested service or arrangements are not offered under other sections
of this Tariff.
The facilities utilized to provide the requested service or arrangements are
of a type normally used by the Company in furnished its other services.
The requested service or arrangements are compatible with other
Company services, facilities and its engineering and maintenance
practices.
This offering is subject to the availability of the necessary Company
personnel and capital resources.
ISSUED: August 5, 2004 Jerry E. Holt
Director of Regulatory Affairs
17250 Palmer Drive
Homewood, IL 60430
EFFECTIVE: September 5,2004
Midwestern Telecommunications, Inc.IDAHO TARIFF NO.
SECTION 3
Original Page
Establishment and Furnishing of Exchange Access Service
1.1 General
Procedures governing the establishment of credit, billing, termination of
service, and issuance of telephone directories for local exchange
telecommunications service, where not expressly contained herein, will
comply with the Idaho Administrative Regulation, Title 807.
Application for Service
Application for service may be made orally or in writing. Acceptance
an application establishes a contract between the customer and the
Company based on terms and conditions of this Tariff.
1.3 Installation
The Company will install new lines for basic local exchange
service within 3 business days after provisioning of the line or
lines by the carrier whose network or network elements are being
utilized is complete.
ISSUED: August 5, 2004 Jerry E. Holt
Director of Regulatory Affairs
17250 Palmer Drive
Homewood, IL 60430
EFFECTIVE: September 5 2004
Midwestern Telecommunications, Inc.
General
IDAHO TARIFF NO.
SECTION 4
Original Page
Exchange Access Service provides a Customer with a telephonic connection and a
unique telephone number address on the public switched telecommunications
network. Each Exchange Access Service enables users to:
Receive calls from other stations on the public switched
telecommunications network;
Place calls to other stations on the public switched telecommunications
network;
Access other services offered by the Company as set forth in this tariff;
Access toll-free telecommunications services
Access certain interstate and international calling services provided by the
Company;
Access (at no additional charge) the Company s operators and business
office for service related assistance;
Access (at no additional charge) enhanced 911 service for emergency
services by dialing 0- or 9-1; and
Access services provided by other common carriers, which, purchase the
Company s Switched Access services, as, provided under the Company
Federal and State tariffs, or which maintain other types of traffic exchange
arrangements with the Company.
Access the interexchange network. A customer may presubscribe to the
carrier of their choice for interLA T A and intraLA T A calling, or the
provider s carrier identification code (1010XXX)
Calls to information service providers (900/976) will be automatically
blocked on a per line basis. The Customer may have the blocking
removed pursuant to FCC rules.
Collect calls will be automatically blocked on a per line basis.
Each Exchange Access Service is available on a "Full" service basis whereby
service is delivered to a demarcation/connection block at the customer s Premises.
ISSUED: August 5 2004 Jerry E. Holt
Director of Regulatory Affairs
17250 Palmer Drive
Homewood, IL 60430
EFFECTIVE: September 5,2004
Midwestern Telecommunications, Inc.IDAHO TARIFF NO.
SECTION 4
Original Page 2
General (cont.),
The following Exchange Access Services are offered:
Basic Line Service
Basic Trunk Service
Centrex Service
Business Access Only Service
Enhanced Business Line Service
Serving Areas
The Company will serve these counties within the territory served by
BellSouth. This tariff is effective only in those areas where a Commission
approved interconnection agreement exists.
Feature Descriptions
3- Way Calling
Allows the Customer to add a third party to an established call without operator
assistance.
Automatic Callback
Automatically returns the last incoming call whether or not it was answered.
activate Automatic Callback, the customer dials a code. The network will then
either attempt a callback, or in offices so equipped, the customer will hear an
announcement of the telephone number of the last party called. IT the customer
wishes to return the call immediately, voice prompts will instruct the customer to
dial a certain digit and the call will automatically be returned. IT the number is
busy, Automatic Callback will continue to redial the number for up to 30 minutes.
Basic Service Plan
Allows the customer 500 local telephone calls, unlimited incoming calls and the
feature, call waiting. Other features may be added as outlined herein.
Call Forwarding
Allows the Customer to activate and deactivate a transfer of all incoming calls to
another dialable telephone number.
ISSUED: August 5, 2004 Jerry E. Holt
Director of Regulatory Affairs
17250 Palmer Drive
Homewood, IL 60430
EFFECTIVE: September 5 2004
Midwestern Telecommunications, Inc.IDAHO TARIFF NO.
SECTION 4
Original Page 3
Feature Descriptions (cont.)
Call Screening
This feature provides the customer with the ability to prevent repeated calls from
an unwanted caller whose number mayor may not be known. The customer
receiving the call needs only to hang up and immediately dial the Call Screening
access code which will deny the caller the ability to ring the customer s telephone.
In addition, the customer has the ability to create a list of telephone numbers from
which the customer may not wish to receive calls. Calls from these telephone
numbers will be sent an appropriate announcement indicating that the call cannot
be completed because the customer has activated Call Screening.
Call Trace
Allows the customer to automatically trace the telephone number used for the last
call received by the customer. The customer must dial a Company-designated
code, and activation must occur prior to the time that the customer receives either
another call or the call waiting tone. A recording will indicate if the trace was
successful or not. Within five business days after the successful activation of Call
Trace, the customer must contact the Company to arrange for the continued
retention of the trace record. The company will not provide the traced number to
the customer, but it will be provided to law enforcement officials. The practices
of law enforcement officials vary, and the Company does not represent that such
officials with regard to the traced number will take any action. Call Trace will be
available where facilities permit.
Call Waiting
Provides a tone to alert a customer with a call in progress that a second party is
calling them, and allows the customer to answer the incoming call while holding
the original connection.
Caller ID
Allows a customer to identify the telephone number from which a call is being
made. The telephone number of the person initiating the call is displayed on a
customer-provided display device.
ISSUED: August 5, 2004 Jerry E. Holt
Director of Regulatory Affairs
17250 Palmer Drive
Homewood, IL 60430
EFFECTIVE: September 5 2004
Midwestern Telecommunications, Inc.IDAHO TARIFF NO.
SECTION 4
Original Page 4
Feature Descriptions (cont.)
Caller ID with Name
Works along with Caller ill and provides for the display of an incoming
telephone number and listed name associated with that telephone number, on a
customer-provided display device attached to the customer s (called party s) line
or set.
Unless the calling party number blocking is activated, the telephone numbers and
names associated with all calls originating from appropriately equipped switches
will be displayed.
Distinctive Ringing
Allows customers to designate up to ten numbers for which, when someone calls
from one of the designated numbers the phone emits one unique distinctive ring.
Customers can easily add and delete numbers from their Distinctive Ringing lists
as well as turn Distinctive Ringing on or off.
Privacy Manager
This feature will intercept all unidentified calls to end users who have Caller ill
with Name. End users will be able to screen their incoming calls and either
accept the call, reject the call or transfer the call to a pre-recorded sales screener
message.
Repeat Dialing
This feature enables a Customer to reach a called party whose number is busy
without having to continually redial the telephone number. The busy number will
automatically be dialed, for a thirty- (30)-minute period, until it becomes
available. The caller can make and receive calls during the 30-minute period that
the busy number is being dialed. The caller will receive a special ring back when
both numbers are freed for use. The feature can also be used to recall a called
party after the conversation has been terminated.
ISSUED: August 5, 2004 Jerry E. Holt
Director of Regulatory Affairs
17250 Palmer Drive
Homewood, IL 60430
EFFECTIVE: September 5, 2004
Midwestern Telecommunications, Inc.IDAHO TARIFF NO.
SECTION 4
Original Page 5
Feature Descriptions (Cont)
Remote Call Forwardinf! (RCF)
Allows all calls placed to a RCF customer s telephone number (the call
forwarding location) are automatically forwarded by Telephone Company central
office equipment to a designated terminating station of such RCF customer which
is located in an exchange area of the Telephone Company or another telephone
compan y.
Wait and See
With standard Caller ill service, end-users who have call waiting cannot see the
waiting call displayed on their Caller ill unit The wait and see enhancement
allows the end-user to see the number (and name, if applicable) of the waiting
call. Note: End-users must have Caller ill with Name feature for the name to
display.
ISSUED: August 5 2004 Jerry E. Holt
Director of Regulatory Affairs
17250 Palmer Drive
Homewood, IL 60430
EFFECTIVE: September 5 2004
Midwestern Telecommunications, Inc.
General
IDAHO TARIFF NO.
SECTION 5
Original Page
APPLICA TION OF RA TES
The regulations set forth in this section govern the application of rates for services
contained in other sections of this tariff.
Charges Based on Duration of Use
When charges for a service are specified based on the duration of use, such as the
duration of a telephone call, the following rules apply:
Calls are measured in durational increments identified for each service.
All calls that are fractions of a measurement increment are rounded-up to
the next whole unit.
Timing on a completed call begins when the called party answers the call.
Answering is determined by hardware answer supervision in all cases
where this signaling is provided by terminating local carrier and any
intermediate carrieres). Timing for operator service person-to-person calls
start with completion of the connection to the person called or an
acceptable substitute, or to the PBX station called.
Timing terminates on calls when the calling party hangs up or the
Company s network receives an off-hook signal from the terminating
carrIer.
Calls originating in one time period and terminating in another will be
billed proportion to the rates in effect during different segments of the call.
All times refer to local time.
ISSUED: August 5 2004 Jerry E. Holt
Director of Regulatory Affairs
17250 Palmer Drive
Homewood, IL 60430
EFFECTIVE: September 5 2004
Midwestern Telecommunications, Inc.
5.3
IDAHO TARIFF NO.
SECTION 5
Original Page 2
Rates Based Upon Distance
Where charges for a service are specified based upon distance, the following rules
apply:
Distance between two points is measured as airline distance
between the rate centers of the originating and terminating
telephone lines. The rate center is a set of geographic coordinates
as references in the Local Exchange Routing Guide issued by
Bellcore, associated with each NPA-NXX combination (where
NP A is the area code and NXX is the first three digits of a seven-
digit telephone number.
The airline distance between any two-rate centers is determined as
follows:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
5.4 Rate Periods
Obtain the "V" (vertical) and "H" (horizontal coordinates
for each rate center from the above-referenced Bellcore
document.
Compute the difference between the "V" coordinates of the
two rate centers: ant the difference between the two: H:
coordinates.
Square each difference obtained in step (2) above.
Add the square of the "V" difference and the square of the
H" difference obtained in step (3) above.
Divide the sum of the squares by 10. Round to the next
higher whole number if any fraction is obtained.
Obtain the square root of the whole number result obtained
above. Round to the net higher whole number if any
fraction is obtained. This is the airline mileage.
Formula =(VI-V2) 2 + (HI-H2)-.2
Unless otherwise specified, Day rates shall apply 8:00 AM to 5:00 PM Monday
through Friday. Evening rates shall apply 5:00 PM to 11:00 PM Monday through
Friday and Sunday. Night/Evening rates shall apply all other times.
ISSUED: August 5,2004 EFFECTIVE: September 5,2004Jerry E. Holt
Director of Regulatory Affairs
17250 Palmer Drive
Homewood, IL 60430
Midwestern Telecommunications, Inc.IDAHO TARIFF NO.
SECTION 5
Original Page 3
Holidays
For the following holidays, the Evening rate will apply unless a lower rate would
normally apply:
New Year s Day
Martin Luther King s Day
President's Day
Memorial Day
Independence Day
Labor Day
Columbus Day
Veteran s Day
Thanksgiving Day
Christmas Day
Municipal Franchise Payments
Whenever the Company incurs an obligation (or an increase thereof) under a
franchise ordinance to pay a municipality an amount measured by the revenue
from providing communications services, the Company may charge its customers
within the corporate limits of that municipality, in addition to all other lawful
rates and charges:
An amount equal to the franchise payment, and;
An amount equal to the increase, if any, in taxes and other payments to
government bodies resulting from the collections hereunder, by the
addition of a uniform percentage to amounts billed for intrastate services
within the municipality.
These provisions will be automatically applied upon the effective date of the
municipal franchise ordinance to which they pertain.
ISSUED: August 5, 2004 Jerry E. Holt
Director of Regulatory Affairs
17250 Palmer Drive
Homewood, IL 60430
EFFECTIVE: September 5 2004
Midwestern Telecommunications, Inc.IDAHO TARIFF NO.
SECTION 5
Original Page 4
Taxes
The customer is responsible for payment of all state, local and E911 taxes
surcharges, utility fees or other similar fees (i.e. sales tax, municipal utilities tax)
that may be levied by the governing body or bodies in conjunction with or as a
result of the service furnished under this tariff. These charges may appear as
separate line items on the customer s bill, as opposed to being included in the
rates contained in the tariff. The Company shall not assess separately any fees or
surcharges other that government approved sales taxes, without seeking
Commission approval under the appropriate procedures required by the
Commission. The Company shall comply with Commission procedures by
sending notice to all customers informing them of the new line item charges.
Additionally, an addendum to the price list stating what the line item charge is
and the length of time the charges will be imposed will be filed with the
Commission.
ISSUED: August 5 2004 Jerry E. Holt
Director of Regulatory Affairs
17250 Palmer Drive
Homewood, IL 60430
EFFECTIVE: September 5 2004
Midwestern Telecommunications, Inc.IDAHO TARIFF NO.
SECTION 6
Original Page
SERVICES
Feature/Services Residential Business
Establish Service - New
Establish Service - Conversion No Charge
Line Connection $45.
Feature Change $1 5.
Phone Number Change $35.
Transfer Service $30.
Restoral Charge after Temp Suspend $20.
Premise Work 1st 15 minutes $30.
Premise Work - each add'115 minutes $15.
Technician Visit $50.
FEA TURES
Feature/Services USCC Residential Business
Call Waiting ESX $4.
Call Forwarding ESM $5.
Three-Way Calling ESC $5.
Repeat Dial NSS $5.
Automatic Call Return NSQ $4.
Anonymous Call Rejection HBY $5.
Speed Dial ESL $5.
Caller 10 NSD $5.
Advanced Caller NXMCR $5.
Call Screening CCR $5.
Talking Call Waiting TW1 $5.
Busy Line Transfer EVB $5.
Call Selector NSK $5.
oiceMail $1 0.
Alternate Answer EVD $5.
Message Waiting Indicator MWN $5.
Star Code to Access Voice Mail SQA VX $5.
Multi Ring Service DRS1X $5.
Remote Access - Call Forwarding GCX $5.
Extra Listings RLT $5.
Private Listings NPU $6.
Ameritech Feature Link
ISSUED: August 5 , 2004 Jerry E. Holt
Director of Regulatory Affairs
17250 Palmer Drive
Homewood, IL 60430
EFFECTIVE: September 5, 2004
Midwestern Telecommunications, Inc.IDAHO TARIFF NO.
SECTION 6
Original Page 2
~eed callin~ 8 Code
eed Callin 30 Code
PAY PER USE
Residential Business
Three Way Calling $0.
Auto Call Back $0.
Repeat Dial $0.
Call Trace $0.
Name & Number Delivery $0.
Unrated Intralata Toll 3ra Party $0.
Directory Assistance - Local $1.
Directory Assistance- National $1.
Unrated Intralata Toll Collect $0.
ISSUED: August 5, 2004 Jerry E. Holt
Director of Regulatory Affairs
17250 Palmer Drive
Homewood, IL 60430
EFFECTIVE: September 5 2004
Midwestern Telecommunications, Inc.IDAHO TARIFF NO.
SECTION 6
Original Page 3
PACKAGES
Residential Business
$84.N/A
FLAT RATE INTERNATIONAL
INCLUDES:
Unlimited Band A (Local , 1-7 miles)
Unlimited Band B (Local & Local Toll, 7-15 miles)
& Unlimited Band C (Local Toll, 15-50 miles)
2000 Long Distance minutes (over 50 miles)
5 hours - International Calls
Call Waiting, Call Forwarding, Caller ID wi Name
3-way Calling, *
Speed Dial, Wait & See, Repeat Dial
$49.N/A
FLAT RATE NATIONAL
INCLUDES:
Unlimited Band A (Local , 1-7 miles)
Unlimited Band B (Local & Local Toll, 7-15 miles)
& Unlimited Band C (Local Toll, 15-50 miles)
2000 Long Distance minutes (over 50 miles)
Call Waiting, Call Forwarding, Caller ID wi Name
3-way Calling, *
Speed Dial, Wait & See, Repeat Dial
$39.N/A
COMPLETE
INCLUDES:
Unlimited Band A (Local, 1-7 miles)
Unlimited Band B (Local & Local Toll , 7-15 miles)
& Unlimited Band C (Local Toll, 15-50 miles)
Call Waiting, Call Forwarding, Caller ID wi Name
3-way Calling, *
Speed Dial , Wait & See, Repeat Dial
$29.N/A
ECONOMY
INCLU DES:
Unlimited Band A (Local , 1-7 miles)
Unlimited Band B (Local & Local Toll, 7-15 miles)
& Unlimited Band C (Local Toll , 15-50 miles)
ISSUED: August 5 2004 Jerry E. Holt
Director of Regulatory Affairs
17250 Palmer Drive
Homewood, IL 60430
EFFECTIVE: September 5, 2004
A TT A CHMENT 6
Interexchan2e Tariff
Midwestern Telecommunications, Inc.IDAHO PSC - Tariff No.
Original Title Page
INTEREXCHANGE RESELLER TOLL TARIFF
TARIFF APPLICABLE TO
INTEREXCHANGE SERVICES
WITHIN THE STATE OF IDAHO
PROVIDED BY
MIDWESTERN TELECOMMUNICATIONS, INC.
This Tariff contains descriptions, regulations, and rates applicable to the furnishing of service and
facilities for telecommunications services provided by Midwestern Telecommunications, Inc. (hereinafter
Company" or "MTI") with principal offices at 17250 Palmer Drive Suite 300 Homewood, IL 60430. This Tariff
applies to services furnished throughout the State of Idaho. This Tariff is on file with the
Idaho Public Service Commission ("Commission ) and copies may be inspected
during normal business hours, at Company s principal place of business.
Issued: August 5 2004 Effective: September 5, 2004
By:
Jerry Holt, Director of Regulatory Affairs
Midwestern Telecommunications, Inc.
17250 Palmer Drive Suite 300
Homewood, IL 60430
Midwestern Telecommunications, Inc.IDAHO PSC - Tariff No.
Original Page 1
INTEREXCHANGE RES ELLER TOLL TARIFF
TABLE OF CONTENTS
Page
Check Sheet.................................................................................................................................................................. 2
Application of Tariff .....................................................................................................................................................
Concurring, Connecting and Other Participating Carriers................ ...................
............. .............................................
Explanation of Symbols ................................................................................................................................................
Abbreviations ................................................................................................................................................................ 4
Tariff Format................................................................................................................................................................ 5
SECTION I - Definition of Terms............... .................................................................................................................. 6
SECTION II -Rules and Regulations ...........................................................................................................................
Undertaking of Company ..................................................................................................................
Description of Proposed Services .....................................................................................................
Limitations of Services .....................................................................................................................
Use of Service.................................................................................................................................
Liability .......................................................................................................................................... 10
Interruption of Service .................................................................................................................... 12
Responsibility of Customer ............................................................................................................ 13
Deposits ..........................................................................................................................................
Taxes............................................................................................................................................... 18
Responsibility of Carrier................................................................................................................. 20
Restoration of Service.....................................................................................................................
Timing of Calls ...............................................................................................................................
Start of Billing ................................................................................................................................
Interconnection ............................................................................................................................... 22
Calculation of Distance...................................................................................................................
SECTION III - Rates and Charges ..............................................................................................................................A. Interexchange Service Rates and Charges ......................................................................................
Issued:Effective: September 5, 2004August 5 2004
By:
Jerry Holt, Director of Regulatory Affairs
Midwestern Telecommunications, Inc.
17250 Palmer Drive Suite 300
Homewood, IL 60430
Midwestern Telecommunications, Inc.IDAHO PSC - Tariff No.
Original Page 2
INTEREXCHANGE RES ELLER TOLL TARIFF
CHECK SHEET
Sheets of this Tariff are effective as of the date shown at the bottom of the respective sheet(s). Original and
revised sheets are named below and comprise all changes from the original Tariff and are currently in effect as of
the date on the bottom of this sheet.
PAGE
NUMBER OF REVISIONS
(except as indicated)
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Original
Issued: August 5, 2004 Effective: September 5 2004
By:
Jerry Holt, Director of Regulatory Affairs
Midwestern Telecommunications, Inc.
17250 Palmer Drive Suite 300
Homewood, IL 60430
Midwestern Telecommunications, Inc.IDAHO PSC - Tariff No.
Original Page 3
INTEREXCHANGE RESELLER TOLL TARIFF
APPLICATION OF TARIFF
This Tariff contains the regulations and charges applicable to intrastate interexchange telecommunications
reseller services provided by Midwestern Telecommunications, Inc. to customers within the State of Idaho.
Issued: August 5 , 2004 Effective: September 5,2004
By:
Jerry Holt, Director of Regulatory Affairs
Midwestern Telecommunications, Inc.
17250 Palmer Drive Suite 300
Homewood, IL 60430
Midwestern Telecommunications, Inc.IDAHO PSC - Tariff No.
Original Page 4
INTEREXCHANGE RES ELLER TOLL TARIFF
CONCURRING, CONNECTING AND OTHER P ARTICIP A TING CARRIERS
Concurring Carriers
Connecting Carriers
Other Participating Carriers
None
None
None
EXPLANATION OF SYMBOLS
The following are the only symbols used for the purposes indicated below.
To signify increased rate
To signify decreased rate
To signify all other changes
ABBREVIATIONS
ID PSC -Idaho Public Service Commission
Issued: August 5 2004 Effective: September 5 2004
By:
Jerry Holt, Director of Regulatory Affairs
Midwestern Telecommunications, Inc.
17250 Palmer Drive Suite 300
Homewood, IL 60430
Midwestern Telecommunications, Inc.IDAHO PSC - Tariff No.
Original Page 5
INTEREXCHANGE RES ELLER TOLL TARIFF
TARIFF FORMAT
Sheet Numbering - Sheet numbers appear in the upper-right corner of the page. Sheets are numbered
sequentially. However, new sheets are occasionally added to the Tariff. When a new sheet is added
between sheets already in effect, a decimal is added. For example, a new sheet added between Sheets 14
and 15 would be 14.
Sheet Revision Numbers - Revision numbers also appear in the upper-right corner of the page. These
numbers are used to determine the most current sheet version on file with the Commission. For example
the 4th revised Sheet 14 cancels the 3rd revised Sheet 14. Because of various suspension periods, deferrals
etc. the Commission follows in their Tariff approval process, the most current sheet number on file with the
Commission is not always the Tariff page in effect. Consult the Check Sheet for the sheet currently in
effect.
Check Sheets - When a Tariff filing is made with the Commission, an updated check sheet accompanies the
Tariff filing. The check sheet lists the sheets contained in the Tariff, with a cross reference to the current
revision number. When new sheets are added, the check sheet is changed to reflect the revision. All
revisions made in a given filing are designated by an asterisk (*
).
There will be no other symbols used on
this sheet if these are the only changes made to it (i.e., the format, etc. remains the same, just revised
revision levels on some sheets). The Tariff user should refer to the latest check sheet to find out if a
particular sheet is the most current sheet on file with the Commission.
Issued: August 5,2004 Effective: September 5 2004
By:
Jerry Holt, Director of Regulatory Affairs
Midwestern Telecommunications, Inc.
17250 Palmer Drive Suite 300
Homewood, IL 60430
Midwestern Telecommunications, Inc.IDAHO PSC - Tariff No.
Original Page 6
INTEREXCHANGE RES ELLER TOLL TARIFF
SECTION 1. - DEFINITION OF TERMS
Application for Service - A standard order form which includes all pertinent billing, technical, and other descriptive
information which will enable Company to provide telecommunication services, as required.
Authorized User - A person that either is authorized by the Customer to use local exchange telephone service at the
Customer s residence or other location, or is placed in a position by the Customer, either through acts or omissions
to use local exchange telephone service.
Commission - Idaho Public Service Commission, unless the context indicates otherwise.
Company - Midwestern Telecommunications, Inc., unless the context indicated otherwise
Customer or Customers - The persons, firms, corporations, or other entities that order or use service and are
responsible for the payment of rates and charges and compliance with Tariff regulations.
Disconnection - The disconnection of a circuit, dedicated access line, or port connection being used for existing
serVIce.
Holiday - Company s recognized Holidays are New Year s Day (January 1), Independence Day (July 4), Labor Day,
Memorial Day, Thanksgiving Day, Christmas Day (December 25), Martin Luther King Day and President's Day.
Evening rates apply unless a lower rate is prescribed by this Tariff.
Premises - The space designated by a customer as its place or places of business for termination of service (whether
for its own communications needs or for its resale customers). In the case of a non-profit sharing group, this term
includes space at each sharer s place or places of business, as well as space at Customer s place of business.
Service or Services - The services covered by this Tariff shall include only the State of Idaho.
Terminal Equipment - Telecommunications devices, apparatus, and their associated wiring, such as teleprinters
telephone, and data sets.
Issued: August 5, 2004 Effective: September 5 , 2004
By:
Jerry Holt, Director of Regulatory Affairs
Midwestern Telecommunications, Inc.
17250 Palmer Drive Suite 300
Homewood, IL 60430
Midwestern Telecommunications, Inc.IDAHO PSC - Tariff No.
Original Page 7
INTEREXCHANGE RES ELLER TOLL TARIFF
SECTION II. - RULES AND REGULATIONS
UNDERTAKING OF COMPANY
Company is a resale common carrier providing intrastate interexchange communications services
to Customers for their direct transmission and reception of voice, data, and other types of
telecommunications. Service is available on a full-time basis, 24 hours a day, seven days a week
throughout the State of Idaho.
Company is responsible under this Tariff only for the services and facilities provided herein.
Should Customers use such services and facilities to obtain access to services offered by other
providers, Company assumes no responsibility for such other service.
DESCRIPTION OF PROPOSED SERVICES
Interexchange Service
Prepaid Long Distance Service
Prepaid Long Distance Service provides an outbound voice grade communications
service for calls charged to Customer s account. The Service allows Customers to place
direct-dialed interexchange calls to terminating locations from their home telephone. All
calls must be charged against an account that has a sufficient available balance. At the
point in which only 30 seconds of service remain, an audible signal will be given to the
user to alert them only so much time is left for long distance service. Customer may
increase the available minutes of use by making additional incremental payments.
Prepaid Card Service
Prepaid Card Service provides an outbound voice grade communications service for calls
charged to a Prepaid Card. Prepaid Card Service allows Customers to place direct-dialed
interexchange calls to terminating locations by dialing a Customer-provided access
number and a Customer-provided authorization number.
All calls must be charged against a Prepaid Card that has a sufficient available balance.
Customer will be notified in advance of the exhaustion of the card via an interactive
voice prompt.
The following types of calls may not be completed with the Prepaid Card Service:
- Calls to 700 numbers
- Calls to toll free numbers
- Calls to 900 numbers
Issued: August 5,2004 Effective: September 5 2004
By:
Jerry Holt, Director of Regulatory Affairs
Midwestern Telecommunications, Inc.
17250 Palmer Drive Suite 300
Homewood, IL 60430
Midwestern Telecommunications, Inc.IDAHO PSC - Tariff No.
Original Page 8
INTEREXCHANGE RES ELLER TOLL TARIFF
DESCRIPTION OF PROPOSED SERVICES (continued)
Interexchange Service (continued)
Prepaid Card Service (continued)
- Directory Assistance calls
- All Operator Service calls
- Busy Line Verification and Interrupt Service
- Calls requiring the quotation of time and charges
- Air-to-Ground calls
Except as may be specifically referenced therein, calls made utilizing Prepaid Card
Service are not included in any optional calling plans, or any other Company services or
promotions. The number of available Prepaid Cards is subject to technical limitations.
Such cards will be offered to Customers on a first come, first served basis. Prepaid Cards
are available in various unit denominations as determined by Company. Prepaid Cards
will be sold at prices rounded to the nearest cent. The Prepaid Card Service rate does not
include federal excise tax or those state and local taxes which are required to be paid at
the point of sale. The tariffed rate does include those state and local taxes which are
required to be paid on the usage of the underlying telecommunications service when that
service originates and terminates within a particular tax jurisdiction.
Directory Assistance Service
Directory Assistance Service is available for domestic calling only to Customers who dial
1+ (NPA) + 555-1212 from lines presubscribed to Company. Up to two requests for
numbers may be made on each call to Directory Assistance. A charge will apply whether
or not the Directory Assistance bureau furnishes the requested telephone number(s).
Directory Assistance Service is provided only where facilities and billing capabilities
permit.
Special Pricing Arrangements - Individual Case Basis
In lieu of the rates otherwise set forth in this Tariff, rates and charges, including installation
special construction, and recurring charges, may be established at negotiated rates on an Individual
Case Basis (ICB), taking into account such factors as the nature of the facilities and services, the
costs of construction and operation, the volume of traffic commitment, and the length of service
commitment by Customer, as long as the rates and charges are not less than Company s costs of
providing the service. Such arrangements shall be considered Special Pricing Arrangements, the
terms of which will be set forth in individual contracts or Customer Term Agreements.
Specialized Pricing Arrangement rates or charges will be made available to similarly-situated
Customers on comparable terms and conditions. Upon reasonable request, Company will make
the terms of these contracts available to the Commission and its staff for review on a confidential
and proprietary basis.
Issued: August 5,2004 Effective: September 5 2004
By:
Jerry Holt, Director of Regulatory Affairs
Midwestern Telecommunications, Inc.
17250 Palmer Drive Suite 300
Homewood, IL 60430
Midwestern Telecommunications, Inc.IDAHO PSC - Tariff No.
Original Page 9
INTEREXCHANGE RES ELLER TOLL TARIFF
Promotions
Company may, from time to time, engage in national and/or intrastate promotional offerings or
trials, designed to attract new Customers, to stimulate Customer usage, to test potential new
services, and/or to increase existing Customer awareness of Company services. These offerings
may be limited to certain services, dates, times of day and/or locations determined by Company.
National offerings, the terms of which are set forth in the applicable interstate tariffs governing
such programs, may include without limitations, discounts, redeemable points, or cash rewards to
Customers. To the extent that these programs extend to intrastate services, the terms of these
national offerings are incorporated by reference, herein.
LIMIT A TIONS OF SERVICE
Company offers service to all those who desire to purchase service from Company consistent with
all provisions of this Tariff. Customers or subscribers interested in Company s Services shall file
a an Application for Service with Company which fully satisfies Company and identifies the
Services required.
The furnishing of Service under this Tariff is subject to availability on a continuing basis of all
necessary facilities and/or equipment and subject to the provisions of this Tariff. Company
reserves the right not to provide service to or from a location where legally prohibited or the
necessary facilities or equipment are not available.
Company reserves the right to discontinue furnishing service, upon a written notice, when
necessitated by conditions beyond its control, or when Customer is using the service in violation
of any provision in this Tariff, the rules and regulations of the Commission, or the law.
Title to all facilities provided by Company under these regulations remains with Company. Prior
written permission from Company is required before any assignment or transfer. All regulations
and conditions contained in this Tariff shall apply to all such permitted assignees or transferees, as
well as all conditions for service.
Company reserves the right to limit or allocate the use of existing facilities, or of additional
facilities offered by Company when necessary because of lack of facilities or due to some other
cause beyond Company s control.
Issued: August 5,2004 Effective: September 5, 2004
By:
Jerry Holt, Director of Regulatory Affairs
Midwestern Telecommunications, Inc.
17250 Palmer Drive Suite 300
Homewood, IL 60430
Midwestern Telecommunications, Inc.IDAHO PSC - Tariff No.
Original Page 10
INTEREXCHANGE RES ELLER TOLL TARIFF
USE OF SERVICE
Service may not be used for any unlawful purposes or for any purpose for which any payment or other
compensation is received by Customer, except when Customer is a duly authorized and regulated common
carrier. This provision does not prohibit an arrangement between Customer, authorized user, or joint user
to share the cost of the service, as long as the arrangement generates no profit for any participant in the
arrangement.
LIABILITY
The liability of Company for damages arising out of the furnishing of its services, including but
not limited to mistakes, omissions, interruptions, delays, or errors, other defects, or representations
by Company, or use of these services or damages arising out of the failure to furnish the service
whether caused by acts or omission, shall be limited to the extension of allowances for
interruptions as set forth in Section J.3. below. The extension of such allowances for interruption
shall be the sole remedy of Customer and the sole liability of Company. Company will not be
liable for any direct, indirect, incidental, special, consequential, exemplary or punitive damages to
Customer as a result of any Company service, equipment or facilities, or the acts or omissions or
negligence of Company s employees or agents.
Company s liability for willful misconduct, if established as a result of judicial or administrative
proceedings, is not limited by this Tariff. With respect to any other claim or suit, by a Customer or
by others, for damages associated with the ordering (including the reservation of any specific
number for use with a service), installation (including delays thereof), provision, termination
maintenance, repair, interruption or restoration of any service or facilities offered under this Tariff
and subject to the provisions of Section J.3., Company s liability, if any, shall be limited as
provided herein.
Company shall not be liable for any delay or failure of performance or equipment due to causes
beyond its control, including but not limited to: acts of God, fire, flood, explosion or other
catastrophes; and law, order, regulation, direction, action or request of the United States
government or of any other government, including state and local governments having or claiming
jurisdiction over Company, or of any department, agency, commission, bureau, corporation or
other instrumentality of anyone or more these federal, state, or local governments, or of any
military authority; preemption of existing service in compliance with national emergencies;
insurrections; riots; wars; unavailability of rights-of-way or materials, or strikes, lockouts, work
stoppages, or other labor difficulties.
Company shall not be liable for: (a) any act or omission of any entity furnishing Company or
Company s Customer s facilities or equipment used for or with the services Company offers; or
(b) for the acts or omissions of other common carriers or warehousemen.
Company shall not be liable for any damages or losses due to the fault or negligence of, or any
omission by, Customer or due to the failure or malfunction of Customer-provided equipment or
facilities.
Issued: August 5, 2004 Effective: September 5, 2004
By:
Jerry Holt, Director of Regulatory Affairs
Midwestern Telecommunications, Inc.
17250 Palmer Drive Suite 300
Homewood, IL 60430
Midwestern Telecommunications, Inc.IDAHO PSC - Tariff No.
Original Page
INTEREXCHANGE RESELLER TOLL TARIFF
LIABILITY (continued)
Customer shall indemnify and hold Company harmless from any and all loss, claims, demands
suits or other action, or any liability whatsoever, whether suffered, made, instituted, or asserted by
any other party or person(s), and for any loss, damage, or destruction of any property, whether
owned by Customer or others, caused or claimed to have been caused directly or indirectly by the
installation, operation, failure to operate, maintenance, removal, condition, location or use of any
installation provided by Company. Company reserves the right to require each Customer to sign
an agreement acknowledging acceptance of the provisions of this section as a condition precedent
to such installations.
Company shall not be liable for any defacement of or damage to Customer premises resulting
from the furnishing of services of equipment on such premises or the installation or removal
thereof, unless such defacement or damage is caused by gross negligence or willful misconduct of
Company s agents or employees. No agents or employees of other participating carriers shall be
deemed to be agents or employees of Company.
Company shall be indemnified, defended, and held harmless by Customer or by others authorized
by it to use the Service against any claim, loss or damage arising from Customer s use of Services
furnished under this Tariff, including:
any personal injury or death of any person or for any loss of or damage to Customer
premises or any other property, whether owned by Customer or others, caused directly or
indirectly by the installation, maintenance, location, condition, operation, failure
presence, use, or removal of equipment or wiring provided by Company, if not caused by
gross negligence of Company; or
claims for defamation libel, slander, invasion of privacy, infringement of copyright
unauthorized use of trademark, trade name, or service mark, unfair competition;
interference with or misappropriation, or violation of any contract, proprietary or creative
right, or any other injury to any proprietary or creative right, or any other injury to any
person, property, or entity arising from the material, data, information, or content
revealed to, transmitted, processed, handled, or used by Company under this Tariff;
patent infringement claims arising from combining or connecting the service offered by
Company with apparatus and systems of Customer or others;
connecting, combining, or adapting Company s facilities with Customer s apparatus or
systems;
any act or omission by Customer; or
Issued: August 5, 2004 Effective: September 5, 2004
By:
Jerry Holt, Director of Regulatory Affairs
Midwestern Telecommunications, Inc.
17250 Palmer Drive Suite 300
Homewood, IL 60430
Midwestern Telecommunications, Inc.IDAHO PSC - Tariff No.
Original Page 12
INTEREXCHANGE RESELLER TOLL TARIFF
LIABILITY (continued)
(continued)
all other claims arising out of any act or omission of Customer or others, in connection
with any service provided by Company pursuant to this Tariff.
Company shall not be liable for any damages, including usage charges, that Customer may incur
as a result of the unauthorized use of its Authorization Code(s) by others. The unauthorized use of
Customer Authorization Code(s) includes, but is not limited to, the placement of calls using
Customer s Authorization Code(s) without the authorization of Customer. Customer shall be fully
liable for all such usage charges.
10.Company shall not be liable for any act or omission of any other company or companies
furnishing a portion of the service, or for damages associated with service, channels, or equipment
which it does not furnish, or for damages which result from the operation of Customer-provided
systems, equipment, facilities or services which are interconnected with Company services.
11.The entire liability of Company for any claim, loss, damage or expense from any cause
whatsoever shall in no event exceed sums actually paid to Company by Customer for the specific
services giving rise to the claim, and no action or proceeding against Company shall be
commenced more than one year after the service is rendered.
12.COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED
INCLUDING WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR
USE, EXCEPT THOSE EXPRESSLY SET FORTH HEREIN.
13.No agent or employee of any other carrier shall be deemed to be an agent or employee of
Company.
INTERRUPTION OF SERVICE
When the use of service or facilities furnished by Company is interrupted due to any cause other
than the negligence or willful act of Customer, or the operation or failure of the facilities or
equipment provided by Customer, a pro rata adjustment of the monthly Charges subject to
interruption will be allowed for the service and facilities rendered useless and inoperative by
reason of the interruption whenever said interruption continues for a period of 24 hours or more
from the time the interruption is reported to or known to exist by Company, except as otherwise
specified in Company s Tariffs.
It shall be the obligation of Customer to notify Company immediately of any interruption in
service for which a credit allowance is desired by Customer. Before giving such notice, the
Issued: August 5 2004 Effective: September 5 2004
By:
Jerry Holt, Director of Regulatory Affairs
Midwestern Telecommunications, Inc.
17250 Palmer Drive Suite 300
Homewood, IL 60430
Midwestern Telecommunications, Inc.IDAHO PSC - Tariff No.
Original Page 13
INTEREXCHANGE RES ELLER TOLL TARIFF
INTERRUPTION OF SERVICE (continued)
Customer shall ascertain that the trouble is not being caused by any action or omission of
Customer within its control, or is not in writing or equipment, if any, furnished by Customer and
connected to Company s terminal. If Customer reports a service, facility or circuit to be
inoperative but declines to release it for testing and repair, it is considered to be impaired, but not
interrupted. When interruptions occur, Company will reestablish Service within the shortest
reasonable time.
RESPONSIBILITY OF CUSTOMER
Customer assumes general responsibilities in connection with the provisions and use of
Company s Service. When facilities, equipment, and/or communications systems provided by
others are connected to Company s facilities, Customer assumes additional responsibilities.
Customer is responsible for the following:
Customer is responsible for placing orders for service, paying all charges for service
rendered by Company, and complying with all of Company s regulations governing the
service. Customer is also responsible for assuring that its users comply with Commission
regulations.
When placing an order for service, Customer must provide the name(s) and addressees) of
the person(s) responsible for the payment of service charges and the name(s), telephone
number(s), and addressees) of Customer-contact person(s).
Customer shall reimburse Company for damage to, or loss of, Company s facilities or
equipment caused by the acts or omissions of Customer; or the noncompliance by
Customer, with these regulations; or by fire or theft or other casualty on Customer
premises, unless caused by the negligence or willful misconduct of the employees or
agents of Company. Company will, upon reimbursement for damages, cooperate with
Customer in prosecuting a claim against the person causing such damage and Customer
shall be subrogated to Company s right of recovery of damages to the extent of such
payment.
Customer shall provide at no charge, as specified from time to time by Company, any
needed personnel, equipment, space and power to operate Company facilities and
equipment installed on the premises of Customer, and the level of heating and air
conditioning necessary to maintain the operating environment on such premises.
Customer shall be responsible for obtaining, maintaining, and otherwise having full
responsibility for all rights-of-way and conduit necessary for installation of fiber optic cable
and associated equipment used to provide telecommunications service to Customer from the
cable building entrance or property line to the location of the equipment space. Any costs
associated with obtaining and maintaining the rights-of-way described herein, including the
costs of altering the structure to permit installation of Company-provided facilities, shall be
Issued: August 5 2004 Effective: September 5 , 2004
By:
Jerry Holt, Director of Regulatory Affairs
Midwestern Telecommunications, Inc.
17250 Palmer Drive Suite 300
Homewood, IL 60430
Midwestern Telecommunications, Inc.IDAHO PSC - Tariff No.
Original Page 14
INTEREXCHANGE RES ELLER TOLL TARIFF
RESPONSIBILITY OF CUSTOMER (continued)
(continued)
(continued)
borne entirely by, or may be charged by Company to, Customer. Company may require
Customer to demonstrate its compliance with this section prior to accepting an order for
serVIce.
Customer shall provide a safe place to work and complying with all laws and regulations
regarding the working conditions on the premises at which Company employees and
agents shall be installing or maintaining Company s facilities and equipment. Customer
may be required to install and maintain Company facilities and equipment within a
hazardous area if, in Company s opinion, injury or damage to Company s employees or
property might result from installation or maintenance by Company. Customer shall be
responsible for identifying, monitoring, removing and disposing of any hazardous
material (e.g. friable asbestos) prior to any construction or installation work.
Customer shall comply with all laws and regulations applicable to, and obtaining all
consents, approvals, licenses and permits as maybe required with respect to, the location
of Company facilities and equipment in any Customer premises or the rights-of-way for
which Customer is responsible; and granting or obtaining permission for Company agents
or employees to enter the premises of Customer at any time for the purpose of installing,
inspecting, maintaining, repairing, or upon termination of service as stated herein
removing the facilities or equipment of Company.
The Customer shall not create or allow to be placed or maintained any liens or other
encumbrances on Company s equipment or facilities.
Customer shall make Company facilities and equipment available periodically for
maintenance purposes at a time agreeable to both Company and Customer. No allowance
for interruptions in service will be made for the period during which service is interrupted
for such purposes.
A vailability of Service for Maintenance, Testing and Adjustment
Upon reasonable notice, the facilities provided by Company shall be made available to Company
for such tests and adjustments as may be necessary to maintain them in a satisfactory condition.
No interruption allowance will be granted for the time during which such tests and adjustments are
made.
Credit Allowances
Credit for failure of service or equipment will be allowed only when failure is caused by
or occurs in facilities or equipment owned, provided and billed for, by Company.
Issued: August 5,2004 Effective: September 5, 2004
By:
Jerry Holt, Director of Regulatory Affairs
Midwestern Telecommunications, Inc.
17250 Palmer Drive Suite 300
Homewood IL 60430
Midwestern Telecommunications, Inc.IDAHO PSC - Tariff No.
Original Page 15
INTEREXCHANGE RES ELLER TOLL TARIFF
RESPONSIBILITY OF CUSTOMER (continued)
Credit Allowances (continued)
Credit allowances for failure of service or equipment starts when Customer notifies
Company of the failure or then Company becomes aware of the failure and ceases when
the operation has been restored and an attempt has been made to notify Customer.
Customer shall notify Company of failures of service or equipment and make reasonable
attempts to ascertain that the failure is not caused by Customer-provided facilities, any
act, or omission of Customer or in wiring or equipment connected to the terminal.
Only those portion of the Service or equipment disabled will be credited. No credit
allowances will be made for:
(1)interruptions due to the negligence of or noncompliance with the provisions of
this Tariff by Customer;
(2)interruptions due to the negligence of any person using Company s facilities
with Customer s permission;
(3)interruptions due to the failure or malfunction of service or equipment provided
by Customer, Authorized User, or other carriers;
(4)interruptions of service during any period in which Company is not given full
and free access to its facilities and equipment for the purpose of investigating
and correcting interruptions;
(5)interruptions of service during a period in which Customer continues to use the
service on an impaired basis;
(6)interruptions of service during any period when Customer has released service
to Company for maintenance purposes or for implementation of a Customer
order for a change in service arrangements;
(7)interruptions of service due to circumstances or causes beyond the control of
Company interruptions of service resulting from Company performing routine
maintenance;
(8)interruptions of service resulting from Company s performing routine
maintenance; or
(9)interruptions of service for implementation of a Customer order for a charge in
the Service.
Issued: August 5,2004 Effective: September 5, 2004
By:
Jerry Holt, Director of Regulatory Affairs
Midwestern Telecommunications, Inc.
17250 Palmer Drive Suite 300
Homewood, IL 60430
Midwestern Telecommunications, Inc.IDAHO PSC - Tariff No.
Original Page 16
INTEREXCHANGE RES ELLER TOLL TARIFF
RESPONSIBILITY OF CUSTOMER (continued)
Cancellation by Customer
Applications for service are noncancellable unless Company otherwise agrees. Where
Company permits Customer to cancel an application for service prior to the start of
service or prior to any special constructions, no charges will be imposed except for those
specified below.
Where, prior to cancellation by Customer, Company incurs any expenses in installing the
service or in preparing to install the service that it otherwise would not have incurred, a
charge equal to the costs Company incurred, less net salvage, shall apply, but in no case
shall this charge exceed the sum of the charge for the minimum period of service ordered,
including installation charges, and all charges others levy against Company that would
have been chargeable to Customer had service begun.
The special charges described in a. and b. above will be calculated and applied on a case-
by-case basis.
Customer may cancel Service any time after meeting the minimum service period.
Payment and Charges for Service
Payment for Service Customer is responsible for payment of all charges for service and
facilities furnished by Company to Customer or Authorized Users. If notice from
Customer of a dispute as to charges is not reported to a customer service representative or
received in writing by Company within 10 days after the due date, the bill will be
considered correct. Should Customer pay the charges under protest, he may have an
additional 30 days to dispute same in writing or the charges will become binding upon
Customer. If an entity other than Company imposes charges on Company, in addition to
its own internal costs, in connection with a service for which a Non-Recurring Charge is
specified, those charges may be passed on to Customer.
Billing and Collection of Charges.
(1)Payment for Service is made in advance by Customer at the time Company
prepaid service is initially purchased or replenished.
(2)Customer is responsible for payment of all charges for service furnished to Customer or
Authorized Users, including, but not limited to all calls originated at Customer s number(s);
received at Customer s number(s); billed to Customer s number(s) via third-party billing;
incurred at the specific request of Customer; or placed using a calling card issued to Customer.
If an entity other than Company imposes charges on Company, in addition to its own
Issued: August 5 2004 Effective: September 5,2004
By:
Jerry Holt, Director of Regulatory Affairs
Midwestern Telecommunications, Inc.
17250 Palmer Drive Suite 300
Homewood, IL 60430
Midwestern Telecommunications, Inc.IDAHO PSC - Tariff No.
Original Page 17
INTEREXCHANGE RES ELLER TOLL TARIFF
RESPONSIBILITY OF CUSTOMER (continued)
Payment and Charges for Service (continued)
Billing and Collection of Charges (continued)
(2)(continued)
internal costs, in connection with a service for which a Company Non-Recurring
Charge is specified, those charges may be passed on to Customer.
(3)The security of Customer s Authorization Code(s) is the responsibility of
Customer. All calls placed using Customer s Authorization Code(s) shall be
deducted from Customer s account.
(4)Customers may pay for service by credit card, an authorized payment agent, or
check.
(5)Customer is liable for all costs associated with collecting past due charges
including all attorneys' fees.
Application of Charges. Charges for a fractional part of a month are calculated by
counting the number of days remaining in the billing period after service is furnished.
Divide that number of days by 30 days (billing period). The result is then multiplied by
the applicable monthly service charge to arrive at the appropriate fractional monthly
service charge.
Fractional Charges
Charges for a fractional part of a month are calculated by counting the number of days
remaining in the billing period after service is furnished. Divide that number of days by
30 days (billing period). The result is then multiplied by the applicable monthly service
charge to arrive at the appropriate fractional monthly service charge
Bad Check Charge Company will bill Customer a one-time charge of $25.00 or five
percent of the amount of the check, which ever is greater, if Customer s check for
payment of service is returned for insufficient or uncollected funds, closed accounts, or
any other insufficiency or discrepancy necessitating return of the check at the discretion
of the drawee bank or other financial institution.
Disputed Bills Customer shall notify Company of any disputed items on a bill within 10
days. Company will promptly investigate and work to reconcile any Customer billing
problems and/or complaints.
(1)A Customer may contact Company s Customer Service Department by dialing
its toll-free number, 1-877-684-4349.
Issued: August 5, 2004 Effective: September 5,2004
By:
Jerry Holt, Director of Regulatory Affairs
Midwestern Telecommunications, Inc.
17250 Palmer Drive Suite 300
Homewood, IL 60430
Midwestern Telecommunications, Inc.IDAHO PSC - Tariff No.
Original Page 18
INTEREXCHANGE RES ELLER TOLL TARIFF
RESPONSIBILITY OF CUSTOMER (continued)
Payment and Charges for Service (continued)
Disputed Bills (continued)
(2)The date of the dispute shall be the date Company receives sufficient
documentation to enable it to investigate the dispute.
(3)If Customer and Company are unable to resolve the dispute to their mutual
satisfaction, Customer may file a complaint with the Public Utility Commission.
Customer complaints and/or billing disputes should be filed with the
Commission at the following address:
Idaho Public Service Commission
472 W Washington
Boise, ID 83702
[phone]
[phone] - Fax
DEPOSITS
Company does not require deposits.
TAXES
Customer is responsible for the payment of any sales, use, gross receipts, excise, access or other
local, state and federal taxes, charges or surcharges (however designated) excluding taxes on
Company s net income assessed in conjunction with service used. Any taxes imposed by a local
jurisdiction (e.g. County and municipal taxes) will only be recovered from those Customers
residing in the affected jurisdictions. It shall be the responsibility of Customer to pay any such
taxes that subsequently become applicable retroactively.
All state and local taxes are listed as separate line items on Customer s bill and are not
included in the quoted rate(s). Other taxes, charges and regulatory assessments may be
identified in the aggregate on Customer s bill and are not be included in the quoted rate.
Such taxes, charges, and assessments shall be billed to Customer receiving service within
the territorial limits of such State, county, city or other taxing authority. Such billing
shall allocate the tax, charge, and/or assessment among Customers uniformly on the basis
of each Customer s monthly charges for the types of service made subject to such tax
charge, and/or assessment.
Rates and charges for Company s services, as stated in Company s rate schedule, do not
include federal excise tax or those state and local taxes which are required to be paid at
the point of sale. The tariffed rate does include those state and local taxes which are
Issued: August 5, 2004 Effective: September 5, 2004
By:
Jerry Holt, Director of Regulatory Affairs
Midwestern Telecommunications, Inc.
17250 Palmer Drive Suite 300
Homewood, IL 60430
Midwestern Telecommunications, Inc.IDAHO PSC - Tariff No.
Original Page 19
INTEREXCHANGE RES ELLER TOLL TARIFF
required to be paid on the usage of the underlying telecommunications service when that
service originates and terminates within a particular tax jurisdiction.
Issued: August 5 2004 Effective: September 5 2004
By:
Jerry Holt, Director of Regulatory Affairs
Midwestern Telecommunications, Inc.
17250 Palmer Drive Suite 300
Homewood, IL 60430
Midwestern Telecommunications, Inc.IDAHO PSC - Tariff No.
Original Page 20
INTEREXCHANGE RES ELLER TOLL TARIFF
RESPONSIBILITY OF CARRIER
Calculation of Credit Allowance
Pursuant to limitations set forth in Section G (3), when service is interrupted the credit allowance
will be computed on the following basis:
No credit shall be allowed for an interruption of less than two hours.
Customer shall be credited for an interruption of two hours or ore for as long as the
interruption continues.
When a minimum usage charge is applicable and Customer fails to meet the minimum
usage charge because of a service interruption, a credit shall be applied against that
minimum usage charge in the following manner. For each period of two hours that the
interruption continues the credit shall equall/360th of the monthly minimum charge.
Note: in this instance a fractional period of more than one hour shall be treated as a two
hour period.
If notice of a dispute as to charges is not received in writing by Company within 30 days
after billing is received by Customer, the invoice shall be considered correct and binding
on Customer, unless extraordinary circumstances are demonstrated.
Cancellation of Credit
Where Company cancels a service and the final service period is less than the monthly billing
period, a credit will be issued for any amounts billed in advance, prorated at 1/30th of the monthly
recurring charge for each day after the service was discontinued. This credit will be issued to
Customer or applied against the balance remaining on Customer s account.
Disconnection of Service by Company
Customer s telecommunications service may be disconnected if a bill has not been paid or a
payment arrangement has not been entered into within thirty (30) days from the date of mailing of
a bill provided proper notice has been given. Company may discontinue and/or suspend service
without incurring any liability for any of the following reasons:
Non-payment of an undisputed delinquent account or the undisputed portion of an
account where a dispute exists as to part but not all of an amount billed by Company or
failure to comply with the terms of a payment arrangement.
Violation of Company s rules pertaining to the use of service in a manner which
interferes with the service of others or the operation of nonstandard equipment, where a
reasonable attempt has been made by Company to notify Customer and Customer does
not remedy the situation.
Issued: August 5, 2004 Effective: September 5, 2004
By:
Jerry Holt, Director of Regulatory Affairs
Midwestern Telecommunications, Inc.
17250 Palmer Drive Suite 300
Homewood, IL 60430
Midwestern Telecommunications, Inc.IDAHO PSC - Tariff No.
Original Page 21
INTEREXCHANGE RES ELLER TOLL TARIFF
RESPONSIBILITY OF COMPANY (continued)
Disconnection of Service by Company (continued)
Immediately and without notice, where a dangerous condition exists for as long as the
condition exists or where service is connected without authority by a person who has not
made application for service or who has reconnected service following suspension of
service for nonpayment. Where reasonable, given the nature of the hazardous condition
a written statement providing notice of suspension and the reason therefore shall be
posted at the place of common entry or upon the front door of each affected residential
unit as soon as possible after service has been disconnected.
Unless otherwise stated, Company will provide Customer with written notice prior to any
discontinuation of service. Such notice will be made in accordance with Section 4.7 of
the Telephone Rules of the Commission, and will consist of a separate mailing or hand
delivery at least ten (10) days prior to stated date of suspension or disconnection.
Company will not issue late notices or disconnect notices to Customer earlier than the
first day the bill becomes delinquent.
The suspension or discontinuance of service(s) by Company pursuant to this Section does
not relieve Customer of any obligation to pay Company for charges due and owing for
service(s) furnished during the time of or up to suspension or discontinuance.
Upon Company s discontinuance of service to Customer under this Section, all applicable
charges, including termination charges, shall become due. This is in addition to all other
remedies that may be available to Company at law or in equity or under any other
provision of this Tariff.
RESTORATION OF SERVICE
The use and restoration of service in emergencies shall be in accordance with the priority system specified
in Part 64, Subpart D of the Rules and Regulations of the Federal Communications Commission.
TIMING OF CALLS
Start of Billing. Customer s long distance usage charge is based on the actual usage of
Company s network. Usage begins when the called party picks up the receiver (i.e., when two-
way communication, often referred to as "conversation time," is possible). When the called party
picks up is determined by hardware answer supervision in which the local telephone company
sends a signal to the switch or the software utilizing audio tone detection. When software answer
supervision is employed, up to 60 seconds of ringing is allowed before it is billed as a usage of the
network. A call is terminated when the calling or called party hangs up.
Issued: August 5, 2004 Effective: September 5,2004
By:
Jerry Holt, Director of Regulatory Affairs
Midwestern Telecommunications, Inc.
17250 Palmer Drive Suite 300
Homewood, IL 60430
Midwestern Telecommunications, Inc.IDAHO PSC - Tariff No.
Original Page 22
INTEREXCHANGE RESELLER TOLL TARIFF
TIMING OF CALLS (continued)
Billing Increments. Unless otherwise specified in this Tariff, the minimum call duration for
billing purposes is one minute for a connected call. Unless otherwise specified in this Tariff, calls
are billed in one minute increments thereafter. Billing.will be rounded to the nearest penny for
each call.
START OF BILLING
For billing purposes, the start of service is the day following acceptance by Customer of Company s service
or equipment. The end of service date is the last day of the minimum notification of cancellation or any
portion of the last day, after receipt by Company of notification of cancellation.
INTER CO NNECTI ON
Service furnished by Company may be interconnected with services or facilities of other
authorized communications common carriers and with private systems, subject to the technical
limitation established by Company. Service furnished by Company is not part of ajoint
undertaking with such other carriers. Any special interface equipment or facilities necessary
achieve compatibility between the facilities of Company and other participating carriers shall be
provided at Customer s expense.
Interconnection with the facilities or services of other carriers shall be under the applicable terms
and conditions of the other carriers' Tariffs. Customer is responsible for taking all necessary legal
steps for interconnecting its Customer-provided terminal equipment or communications systems
with Companys' facilities. Customers shall secure all licenses, permits, rights-of-way, and other
arrangements necessary for such interconnections.
CALCULATION OF DISTANCE
Usage charges for all mileage-sensitive products are based on the airline distance between rate centers
associated with the originating and terminating points of the call. The airline mileage between rate centers
is determined by applying the formula below to the vertical and horizontal coordinates associated with the
rate centers involved.
Formula:
(Vl- V2)(Hl- H2)
Issued: August 5 2004 Effective: September 5,2004
By:
Jerry Holt, Director of Regulatory Affairs
Midwestern Telecommunications, Inc.
17250 Palmer Drive Suite 300
Homewood, IL 60430
Midwestern Telecommunications, Inc.
INTEREXCHANGE RESELLER TOLL TARIFF
IDAHO PSC - Tariff No.
Original Page 23
SECTION III. - RATES AND CHARGES
Interexchange Service Rates and Charges
Prepaid Long Distance Service
Directory Assistance Service
Surcharges: A per-call surcharge of $0.50 will apply to Prepaid Card calls made from a payphone.
Issued: August 5 , 2004
Price Per Unit purchased in packs of 2000:
(measured in one minute increments)
$0.0075
Price Per Unit purchased in packs of 100:
(measured in one minute increments)
$0.075
Prepaid Card Service
Price Per Unit:
(measured in one minute increments)
$0.
Rate per directory assistance call:$1.50
Operator Service Charges
Call Placement Charge
Or Connection Fee
Station-to-Station $3.
Person-to- Person $4.
Collect Station-to-Station $3.
Collect Person-to-Person $4.
Third-Party Billing
Station-to-Station
Person- to- Person
$3.
$4.
Operator-Dialed Surcharge $1.15
By:
Jerry Holt, Director of Regulatory Affairs
Midwestern Telecommunications, Inc.
17250 Palmer Drive Suite 300
Homewood, IL 60430
Effective: September 5 2004